Back
DWARKA DHISH BANSAL
Shyamkali – Appellant
Versus
Butaiya – Respondent
ORDER
1. This miscellaneous petition has been preferred challenging the order dated 1.8.2019 passed by 1st Civil Judge Class-I, Sidhi in Civil Suit No. 91-A/2015 whereby learned Court below has dismissed the applications filed under Order 22 rule 4, 9 CPC and section 5 of the Limitation Act and held that the suit has abated against the defendant 3 Motilal Singh.
2. Learned counsel for the petitioners submits that they were residing with their in-laws and were not aware about death of defendant/respondent 3 - Motilal Singh and came to know about the death of defendant 3 on 10.2.2017 by way of notice issued by Lok Adalat. He further submits that the learned Court below has wrongly dismissed the application as barred by limitation of one year, whereas it was barred by only seven months. He submits that the explanation of delay offered in the application was proper and reasonable, which ought to have been accepted by learned trial Court. With these submissions, he prays for allowing the petition.
3. Learned counsel appearing on behalf of the legal representatives of respondent/defendant 3-Motilal Singh supports the impugned order and submits that the petitioners/plaintiffs did not move th
The principle of 'sufficient cause' and the justice-oriented approach should be applied in deciding matters, and matters should be decided on merits instead of dismissing them on technical grounds li....
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....
The court emphasized that the delay in filing the application for setting aside the abatement should be considered in light of the circumstances and that a lenient view should be adopted in such case....
![Nellepalli Hannamma [Died] VS Kothapalli Palagiri Samson Silas S/o K. P. Andrews - 2023 Supreme(AP) 1058](https://supremetoday-s3.b-cdn.net/Andhra_Pradesh_2.png)
The Court emphasized that if the cause for the delay given by the applicant is found false, then it would be legitimate for the Court not to condone the delay, as it would defeat the rights acquired ....
Substitution – Limitation – For setting aside abatement of proceedings, court is supposed to strike a balance – There is no bar to exercise by Court/Tribunal, of its discretion, to condone delay in a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
