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JASPREET SINGH
Gayatri Pandey – Appellant
Versus
Madan Lal – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Shri. Santosh Kumar Tripathi, learned counsel for the petitioners, who have instituted the instant petition assailing the order dated 20.09.2022 passed by the Civil Judge (Junior Division), Gonda in Regular Suit No.120/1982, whereby an application moved by the private-respondents for substitution along with an application for condonation of delay which has been allowed. The petitioners being aggrieved preferred a civil revision against the said order which has been dismissed by the order dated 27.10.2023 passed by the Additional District Judge, Court No.2, Gonda in Civil Revision No.90/2022.
2. The submission of the learned counsel for the petitioners is that the original-plaintiff Munna Lal (who died during pendency of the suit) and is now represented by his legal heirs, who are the private-respondents herein instituted a suit for cancellation of the sale-deed and injunction against Triloki Nath the original-defendant No.1 and Raj Kumar Pandey the original-defendant No.2.
3. The controversy which was raised in the plaint was that the original-plaintiff claimed rights over the property in question on the basis of adverse possession and he assailed th
The court emphasized the importance of substantive justice over technicalities in allowing substitution and condonation of delay in civil proceedings.
Courts should adopt a liberal approach to substitution and abatement to prioritize substantial justice over procedural technicalities.
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.
The court affirmed the principle that procedural rules should receive liberal construction to ensure justice is served, specifically in applications for condonation of delay and substitution of legal....
The court emphasized that substantiated evidence is required to condone delay and set aside abatement; mere presumptions based on social inequalities are inadequate.
The court emphasized a liberal approach in condoning delays for substituting legal representatives, prioritizing substantial justice over strict adherence to procedural timelines.
The court emphasized a liberal approach to condoning delay, stating that sufficient cause should be interpreted broadly to serve justice, rather than strictly adhering to procedural technicalities.
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.
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