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KULDEEP MATHUR
Sarju Kumar S/o Late Shri Bulaki Ram – Appellant
Versus
LRs. of Bhanwari Devi W/o Shiv Bhawar Lal – Respondent
ORDER :
I.A. No. 01/2024:
1. An application has been moved on behalf of the petitioner stating inter alia that due to inadvertent and bonafide mistake in the cause title, the name of Smt. Bhanwari devi has been mentioned whereas Smt. Bhanwari Devi has already expired. While tendering apology, it has been prayed in the application that the name of Smt. Bhanwari Devi may be deleted from the cause title and her name be substituted with the name of her legal representative Shri Sashindra Sukhlecha.
2. For the reasons indicated in the I.A. No. 01/2024, the same is allowed. The amended cause title is directed to be taken on record.
S.B. Civil Writ Petition No. 17107/2024:
1. The present writ petition under Articles 226 & 227 of the Constitution of India has been filed by the petitioner being aggrieved by the order dated 12.09.2024, passed by the learned Rent Appellate Tribunal, Bikaner, in Rent Appeal No. 02/2017, whereby the application filed by the petitioner under Order XXII Rule 10 of CPC has been rejected.
2. Learned counsel for the petitioner submitted that an application/petition under Section 9 of the Rajasthan Rent Control Act, 2001 was filed by one Smt. Bhanwari Devi W/o Shri Bhanwar
The right to apply under Order XXII Rule 10 CPC is a continuing right and can be exercised at any time during the pendency of a suit.
The court upheld that abatement occurs automatically upon death, and the delay in filing for substitution of legal heirs can be condoned if sufficient cause is shown.
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....
The main legal point established in the judgment is that the provisions of Order 22 of CPC are procedural and should not curtail the substantial rights of the parties. The Court emphasized the applic....
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 ....
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 ....
Rejection by the High Court of the applications to set aside abatement, condonation and brining on record the legal representatives does not appear, on the peculiar nature of the case, to be a just o....
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