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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Arjun Singh, S/o. Shri Natthi Singh – Appellant
Versus
Janglia, S/o. Girraj – Respondent
| Table of Content |
|---|
| 1. details of the civil appeal and parties involved. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding notice of death and delay. (Para 7 , 8 , 9 , 10) |
| 3. court's analysis on delay and responsibility. (Para 11 , 12 , 13 , 14 , 15) |
| 4. decision to deny setting aside the abatement. (Para 16) |
| 5. final dismissal of applications. (Para 17 , 18) |
ORDER :
ASHOK KUMAR JAIN, J.
1. The instant civil miscellaneous application is preferred in S.B. Civil Second Appeal No. 198/2008, which was dismissed in abatement on 07-11-2024.
2. Besides the present Civil Miscellaneous Application Nos. 1/2025, 2/2025, 3/2025 and 4/2025 have also been preferred, and we are deciding all the applications by a common order.
3. Brief facts of the matter are that S.B. Civil Second Appeal No. 198/2008 was preferred by the appellants Arjun Singh, Laxmi Chand, legal heirs of Daulat Singh (Harpyari and Lakhanlal) and Harveer Singh against the judgment dated 26-04-2008 passed in Civil Regular Appeal No. 88/2002 (75/2002), decided by the learned Additional District Judge No. 2, Bayana, District Bharatpur. Originally, a civil suit was filed by Janglia (since dead) against Arjun Singh, Laxmi Chand, Daulat Singh and
Timely application for substitution of deceased parties is necessary to prevent abatement, and negligence in pursuing an appeal justifies the court's decision to uphold abatement.
Counsel must notify the court of a party's death and provide legal heirs' details; failure leads to abatement under Order 22 Rule 10A of CPC.
The main legal point established in the judgment is the requirement to show 'sufficient cause' for condoning the delay in bringing on record the Legal Representatives (LRs) of the deceased parties, a....
Procedural rules under O.22, CPC should advance justice and not penalize parties for minor delays.
The court emphasized that the delay in filing the application for setting aside the abatement should be considered in light of the circumstances and that a lenient view should be adopted in such case....
The court emphasized a liberal approach in condoning delays for substituting legal representatives, prioritizing substantial justice over strict adherence to procedural timelines.
An appeal filed against a deceased respondent is invalid and non-maintainable; the failure to timely substitute legal heirs precludes delay condonation.
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