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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Snehalata Beura – Appellant
Versus
Maheswar Thatoi – Respondent
1. These three interlocutory applications have been filed by the petitioner (appellant in S.A. No. 251 of 1993) under Order 22 Rule 4 and 9 of the C.P.C., 1908 and Section 5 of the Indian Limitation Act, 1963 praying for substitution of the LRs of the deceased respondent No. 1 (Maheswar Thatoi) in S.A. No. 251 of 1993 after setting aside the abatement order and condoning the delay in filing the I.A.
2. It has been stated by the petitioner in these three I.As, supported with separate affidavits for condoning the delay that, the respondent No. 1 in S.A. No. 251 of 1993 i.e. Maheswar Thatoi expired on 31.12.2007 leaving behind his LRs indicated in the petition vide I.A. No. 612 of 2024, but, the appellant could not take steps for substitution of his LRs in due time, only due to her innocence and ignorance about the law being a rustic village old lady coupled with her sufferings from various ailments due to her extreme old age being in the age of 75 years. In the month of June 2024, when the second appeal vide S.A. No. 251 of 1993 was listed, then, her counsel came to know for the first time from the counsel for the respondent No. 1 that, the respondent No. 1 has
Court emphasized the necessity of adjudicating rights based on merits, prioritizing substantial justice over procedural technicalities in allowing substitution of LRs and condoning delay.
A substitution application for a deceased party can be allowed despite delays if sufficient cause is shown, and the absence of formal condonation is not fatal.
Courts adopt a liberal approach in allowing substitution after death of an appellant, emphasizing that ignorance of the appeal's pendency warrants consideration in condoning delay.
Courts should adopt a liberal approach to substitution and abatement to prioritize substantial justice over procedural technicalities.
(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....
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.
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