The main legal principle established is the liberal interpretation of procedural provisions to advance substantial justice and the consideration of the essence of the application rather than technical objections.

JUDGMENT :

Vivek Singh Thakur, J.

Instant petition, invoking provisions of Article 227 of Constitution of India, has been preferred by defendant No.1 Pran Nath Mehra against the order dated 17th July, 2019, passed by the Civil Judge Manali, District Kullu, in an application filed by proposed plaintiff Sanjay Seth, the legal heir of deceased plaintiff No.1 Umi Seth in Civil Suit No. 63 of 2014 titled Umi Seth and others vs. Pran Nath Mehra and others, whereby Trial Court has allowed the substitution of deceased plaintiff Umi Seth through her legal heirs after condonation of delay.

2. Main pleas to assail the aforesaid order are that application under Order 22 Rule 3 CPC was filed at belated stage, that too without accompanying an application under Section 5 of Limitation Act for condonation of delay and also without filing an application for making any prayer for setting aside the abatement of suit on account of death of plaintiff No.1 Umi Seth. It has been contended that applicant, being son of Umi Seth, had knowledge about death of his mother but he failed to file the application within time and the Trial Court without framing any issue, holding any inquiry with respect to existence of sufficient cause, has condoned the delay merely on conjectures. It has been further contended on behalf of defendant No.1/petitioner that Trial Court has committed grave illegality and material irregularity by directing to bring on record only one of legal representatives of deceased plaintiff Umi Seth, whereas other legal heirs are also there.

3. In present matter, three plaintiffs, including plaintiff No.1 Umi Seth preferred a suit on 2.8.2014 seeking declaration that they are in exclusive joint ownership and possession of suit land, whereas defendant is only trustee of said land as per Will dated 14.5.1998 executed by Ram Nath Mehta and defendant Pran Nath Mehta has no individual right to transfer title and interest of any kind therein, with consequential relief for permanent prohibitory injunction restraining the defendant Pran Nath Mehta from causing any kind of interference in the use of suit land by plaintiffs.

4. During pendency of suit, plaintiff No.1 Umi Seth expired on 20.06.2018. On 26.06.2018, when case was listed for recording the evidence of plaintiff, Trial Court was informed about death of plaintiff No.1 with prayer to grant time for making an application to bring on record her legal heirs. Trial Court adjourned the matter for 3.8.2018. Thereafter, on 3.8.2018 and 20.09.2018, time prayed on behalf of plaintiff to file an application was granted. On 14.11.2018, application under Order 22 Rule 3 CPC was filed stating therein that Umi Seth had expired leaving behind her legal heirs namely Seema Seth (daughter), Jai Deep Seth, Sandeep Seth and Sanjay Seth (sons). The application was filed on affidavit of Sanjay Seth stating therein that Seema Seth, Jai Deep Seth and Sandeep Seth had issued the affidavits for NOC to Sanjay Seth to prosecute the suit.

5. For filing the reply to application, time was extended thrice, on request of defendant Pran Nath Mehta, on 18.12.2018, 27.02.2019 and lastly it was filed on 12.03.2019, with objections mainly on grounds, enumerated herein-above.

6. It has been contended on behalf of defendant/petitioner that order passed by Court below is without jurisdiction and thus not sustainable as it has been passed without taking into consideration the fact that suit had already abated and application for substitution of legal representatives has been allowed without any prayer on record to set aside the abatement.

7. Learned counsel for respondents/plaintiffs has contended that there was sufficient cause which prevented Sanjay Seth from filing the application within limitation period as he and other legal heirs are residing abroad and were not easily available for taking steps to substitute deceased plaintiff Umi Seth and further that applicant was able to get the legal heirs certificate issued on 17.10.2018 and imme