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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Dipjyoti Saharia S/o Late Upendra Saharia – Appellant
Versus
Purabi Medhi D/o Late Sonaram Medhi – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. D. Mazumdar, the learned senior counsel assisted by Mr. T. Islam, the learned counsel appearing on behalf of the petitioners in both the applications filed under Article 227 of the Constitution. I have also heard Mr. R. De, the learned counsel appearing on behalf of the respondents in both the applications.
2. The CRP(IO) No.39/2022 is filed challenging the order dated 01.12.2021 passed by the learned Court of the Civil Judge, Darrang, Mangaldai in Misc. (J) Case No.22/2020 whereby an application filed by the plaintiffs seeking amendment of the plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) was allowed. The CRP(IO) No.40/2022 is filed against an order dated 01.12.2021 passed by the Court of the learned Civil Judge, Darrang, Mangaldai in Misc.(J) Case No.21/2020 whereby the application filed under Order I Rule 10 read with Section 151 of the Code was allowed. Taking into account that both the petitions arise out of the same suit proceedings, both the applications are taken up together for disposal.
3. Let this Court first take up for consideration the CRP(IO) No.39/2022.
4. From the materials on re
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
An appeal filed against a deceased sole defendant is a nullity; proper procedure requires withdrawal of the appeal with liberty to file a fresh one involving the legal heirs.
The main legal point established is that the timely filing of applications under Order XXII Rule 4 and Rule 9 of the CPC is crucial, and delay cannot be condoned without sufficient cause. Negligence ....
(1) Substitution – Limitation – Suit/appeal automatically abates when application to substitute legal representatives of deceased party is not filed within prescribed limitation period of 90 days fro....
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
Point of law: Decree in Suit – Abatement of Appeal - In cases where an appellate Court has made an order dispensing with service of notice of appeal upon legal representatives of any person deceased ....
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