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KSHITIJ SHAILENDRA
Shiv Nath – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Kshitij Shailendra, J.
Ref: Civil Misc. Substitution Application No. 5 of 2018
Heard learned counsel for the parties.
2. This application has been filed seeking permission to bring on record heirs/legal representatives of respondent No.4, Rama, who has died pending litigation.
3. Considering the provisions of Order XXII of Code of Civil Procedure read with Chapter VIII Rule 38-A of High Court Rules, 1952, the application is allowed.
4. Abatement, if any, is set aside.
5. Office is directed to incorporate necessary substitution in the array of the parties.
Ref: Civil Misc. Delay Condonation Application No. 6 of 2018
6. Heard learned counsel for the parties.
7. Cause for delay in filing the substitution application/recall application/restoration application, has been explained to the satisfaction of the Court.
8. Taking a liberal view of the matter and in the interest of justice, the delay is condoned.
9. The application seeking condonation of delay is allowed.
Ref: Civil Misc. Substitution Application No. 7 of 2018
10. Heard learned counsel for the parties.
11. This application has been filed seeking permission to bring on record heirs/legal representatives of respondent No.
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.
(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....
The court emphasized a justice-oriented interpretation of procedural laws, allowing substitution of legal heirs even in cases of certain delays without mandating separate applications for abatement.
The court ruled that applications for substitution and condonation of delay can be combined, emphasizing that procedural law should serve justice rather than punish parties, thereby validating the su....
Procedural compliance is essential in civil litigation, and while courts may exercise discretion to overlook minor lapses, parties must follow established procedures to avoid abatement and ensure jus....
Abatement of an appeal under CPC is not automatic upon death if the right to sue survives; presence of a legal representative allows continuation despite procedural delays.
In partition suits, substitutions for deceased parties are essential to ensure the continuity of proceedings, as the normal rules of abatement do not apply, allowing courts to exercise discretion to ....
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