Back
DEVAN M. DESAI
Raniben D/o Chandumal Sabumal W/o Ramchandra Peshumal – Appellant
Versus
Ahmedabad Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. challenge to civil suit orders by petitioner (Para 4 , 5 , 6) |
| 2. delay in filing applications critiqued (Para 8 , 9) |
| 3. delay in application filings miscalculated; relates to responsibilities of parties upon a party's death. (Para 10) |
| 4. understanding of defendant's death knowledge (Para 12 , 14) |
| 5. trial court's delay calculation affirmed (Para 13) |
| 6. court's jurisdiction under article 227 explained (Para 15) |
| 7. petition dismissed; no legal infirmity (Para 16 , 17) |
JUDGMENT :
1. Rule returnable forthwith. Learned advocate Mr.Rituraj M. Meena waives service of notice of rule for the respondent No.1. Though served, none appeared for and on behalf of respondent Nos.2.1 to 2.3 and 3.1 to 3.3.
2. With the consent of the learned advocates for the respective parties, this matter was taken up for final hearing.
3. Heard learned advocate Mr. Anand B. Gogia for the petitioner and learned advocate Mr. Rituraj Meena for respondent No.1. Perused the record.
4. By way of this petition, under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 3.2.2020 passed below Exh.74 and another order dated 16.12.2021 passed below Exhs.97 and 99 by the le
High Court's exercise of Article 227 jurisdiction is limited to instances of patent perversity or gross failure of justice, not to correct mere errors of law.
The Court reinforces the necessity of clear documentation for establishing heirship in legal proceedings and underscores the high standard of judicial restraint exercised under Article 227.
The main legal principle established is that delay in filing appeals should be condoned when sufficient cause is shown, especially to advance substantial justice. The discretion to condone delay shou....
Limitation – Discretionary power of court to condone delay must be exercised judiciously and it is not to be exercised in cases where there is gross negligence and/or want of due diligence on part of....
The main legal point established in the judgment is the interpretation of abatement of proceedings under Order XXII of the CPC and the liberal consideration of the prayer for setting aside the abatem....
No specific order for abatement of proceedings under one or other provisions of Order 22 is envisaged and the abatement takes place on its own force by passage of time.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
