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DWARKA DHISH BANSAL
Roshanlal Tiwari (died) thr. L. Rs. Rajkumar Tiwari S/o. Late Shri Roshanlal Tiwari – Appellant
Versus
Pannalal Tiwari, S/o. Late Ramkishore Bramhin – Respondent
| Table of Content |
|---|
| 1. factual background of the case and death of appellant. (Para 1 , 2) |
| 2. arguments for revision by legal representatives. (Para 3) |
| 3. opposition to revision by respondent and state. (Para 4 , 5) |
| 4. initial observations by the court. (Para 6) |
| 5. analysis of jurisdiction and procedural requirements. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 6. citations and principles regarding abatement and substitution. (Para 15 , 16 , 17 , 18 , 19) |
| 7. court's decision to remand case for reconsideration. (Para 20 , 21) |
| 8. conclusion and order of the court. (Para 22 , 23 , 24) |
ORDER :
Dwarka Dhish Bansal, J.
This Civil Revision has been preferred by the legal representatives of the original appellant/plaintiff-Roshanlal Tiwari (dead) challenging the order dated 13-2-2021 passed by 3rd Additional District Judge, Rewa in Civil Appeal No. 7/21 which has been dismissed as having abated for want of filing of application under Order 22, Rule 9, CIVIL PROCEDURE CODE .
2. Short facts of case are that the plaintiff had instituted a suit for declaration of title and restoration of possession in respect of the agriculture lands described in the plaint and after holding trial, learned trial Court dismis
Legal representatives must be afforded a reasonable opportunity to file necessary applications to ensure justice, and the dismissal of appeals due to procedural oversight must be carefully scrutinize....
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....
The main legal point established is that the timely filing of applications under Order XXII Rule 4 and Rule 9 of the CPC is crucial, and delay cannot be condoned without sufficient cause. Negligence ....
The main legal point established in the judgment is the interpretation of abatement of proceedings under Order XXII of the CPC and the liberal consideration of the prayer for setting aside the abatem....
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.
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....
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....
Point of law: Decree in Suit – Abatement of Appeal - In cases where an appellate Court has made an order dispensing with service of notice of appeal upon legal representatives of any person deceased ....
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