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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Amar Singh – Appellant
Versus
Ramesh Chand – Respondent
| Table of Content |
|---|
| 1. petition challenges abatement orders, seeks lrs on record. (Para 2) |
| 2. steps taken immediately upon plaintiff's notice of death. (Para 3) |
| 3. 90-day delay from 2016 death notice unexplained. (Para 4) |
| 4. death noted at plaintiff's back; no timely abatement objection. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 5. procedure subserves justice; condone delay, avoid harshness. (Para 11) |
| 6. quash orders, condone delay, record lrs with costs. (Para 12) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has prayed for the following reliefs:-
a) “That the order dated 31.05.2023 passed in Civil Misc. Appeal (RBT No.07G/XIV/2023/2019)/ (Registration No.30/2019) titled as Amar Singh vs. Ramesh Chand and others by the learned Additional District Judge Dehra, District Kangra, H.P. (Annexure P-5) whereby the learned Additional District Judge Dehra, District Kangra, H.P., has upheld the order dated 17.12.2018 passed in Civil Case No.170 of 2012 by the learned Senior Civil Judge, Dehra, District Kangra, H.P., be quashed and set aside.
b) Allow the application filed under Order 22 Rules 4 and 9 read with Section 151 of the CPC and Section 5 of the Limitation Act for bringing on record
Procedure is handmaid of justice; delay in substituting legal representatives of deceased defendant condoned where death notice dubious, no timely objection by defendants, preventing harsh abatement.
Trial court cannot dismiss application under Order XXII Rule 4 CPC hyper-technically for omitted date of death or incomplete legal representatives list; must ascertain facts, implead missing parties ....
The main legal point established in the judgment is the court's power to treat an application under Order 22 Rule 4 of CPC as an application under Order 1 Rule 10 of CPC, allowing for the substitutio....
Procedural rules under Order 22 CPC should be interpreted liberally to advance justice, allowing for the condonation of delay in bringing legal representatives on record.
Delay/Laches/ limitation - Sufficient cause – Meaning of - The expression ‘sufficient cause’ within the meaning of Section 5 of the Act or Order 22 Rule 9 of the Code or any other similar provision s....
Delay in filing an application to implead legal representatives requires justifiable reasons, and knowledge of a party's death does not negate the need for timely action.
Procedural rules under O.22, CPC should advance justice and not penalize parties for minor delays.
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