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HIRDESH
Rajmani Singh S/o Ram Pratap Singh (Died) – Appellant
Versus
Dayaram S/o Late Dwarika Prasad – Respondent
ORDER :
1. This appeal under Order 43 Rule 1(K) of the Civil Procedure Code, 1908 has been filed against the order dated 14.01.2015 passed in M.J.C.No.13/2014 by the Second Additional District Judge, Sidhi dismissing the Regular Civil Appeal No. 185A/2014 in the effect of abatement, arising out of the judgment and decree dated 28.10.2005 passed in C.S. No.242A/2003 by the Second Civil Judge, Class II, Sidhi.
2. The brief facts of the case are that plaintiff Ram Pratap Singh filed Civil Suit for declaration, possession and for the mesne profits in respect of land bearing old khasra Nos. 808,809,810,811,812,813,814,815,816 and 819 and new khasra Nos. 794,796,797, 798, 799,805,808,809,812,795 and 795/12 situated at village - Panwar Chouhanan Tola, 55/45 Tehsil – Gopadbanas, District Sidhi.
3. Vide judgment and decree dated 28.10.2005 the trial Court dismissed the suit. Being aggrieved by the judgment and decree passed by the Second Civil Judge, Class II, the plaintiffs/appellants filed miscellaneous appeal before the Second Additional District Judge, Sidhi. During the pendency of the appeal, defendant No.1 Dwarika Prasad died and, therefore, legal representatives of respondent No.1 were
The main legal point established in the judgment is that the provisions of Order 22 of CPC are procedural and should not curtail the substantial rights of the parties. The Court emphasized the applic....
Procedural rules under Order 22 CPC should be interpreted liberally to advance justice, allowing for the condonation of delay in bringing legal representatives on record.
The main legal point established in the judgment is that the provisions of Order 22 are meant to ensure continuation and culmination into an effective adjudication, not to foreclose an adjudication o....
Legal representatives may be impleaded in ongoing litigation when the right to sue survives, with procedural delays considered liberally to facilitate substantial justice.
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....
A request to bring legal representatives on record implicitly includes a request to set aside abatement, allowing courts to adopt a justice-oriented approach in such matters.
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....
Procedural rules under O.22, CPC should advance justice and not penalize parties for minor delays.
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