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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Kalideen – Appellant
Versus
Mansaram – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri I. D. Shukla, learned counsel for the petitioners and Shri Rakesh Kumar Srivastava, learned counsel appearing for the private respondents.
2. Under challenge is the order dated 18.12.2001 passed by the Court of Additional District Judge, Court No.10, Faizabad in Regular Civil Appeal No.48 of 1990 ( Kalideen and others Vs. Ram Nihore and others ) whereby the Civil Appeal No.48 of 1990 has been abated.
3. In order to appreciate the controversy involved in the instant petition certain facts leading upto the instant petition are being noticed first.
4. Regular Suit No.394 of 1983 was filed by Ram Nihore seeking a decree of possession [the predecessor in interest of the private respondents no.1, 2 and 3] against Kalideen who was the petitioner no.1 (after his death now represented by his legal heirs). The suit of Ram Nihore came to be decreed by means of judgment and decree dated 26.03.1990. Kalideen being aggrieved preferred regular civil appeal under Section 96 C.P.C which was registered as Appeal No.48 of 1990. Ram Asrey the father of the petitioners no.3 and 4 died on 02.12.1992. An application for substitution was moved before the first app
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.
(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....
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.
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.
Point of law: A person claiming to be the legal representative cannot make an application under Rule 9(2) of Order 22 for setting aside the abatement or dismissal, if he had already applied under Ord....
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.
The court emphasized the importance of substantive justice over technicalities in allowing substitution and condonation of delay in civil proceedings.
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