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DWARKADHISH BANSAL
Ejaj Ahmed (Dead) through LRs. Smt. Aneesu Bi – Appellant
Versus
Avinash Sahay Johri – Respondent
ORDER
1. Heard on I.A.Nos.5005/2024, 5006/2024 & 5007/2024.
2. Aforesaid three applications have been filed in respect of substitution of legal representatives of respondent 1 – Avinash Sahay Johri.
3. I.A.No.5005/2024 has been filed under Order XXII Rule 4 CPC with the prayer for substitution of legal representatives on record; I.A.No.5006/2024 is for setting aside abatement; and I.A. No. 5007/2024 has been filed under section 5 of the Limitation Act, for condonation of delay in filing of the application for setting aside abatement.
4. A joint reply to the applications under Order XXII rule 4 and 9 CPC has been filed supported by affidavit, opposing the prayer for setting aside abatement and for substitution of legal representatives. For the reasons best known to legal representatives of respondent 1 – Avinash Sahay Johri, no reply to the application (I.A.No.5007/2024) under section 5 of the Limitation Act, has been filed.
5. It is contended by learned counsel for the appellants that respondent 1 – Avinash Sahay Johri had died on 3.2.2018 and an application under Order XXII rule 4(3) CPC informing his death was filed on 28.9.2021 by his pleader with the prayer for dismissal of appeal
Substitution of deceased parties in civil proceedings requires adherence to strict timelines under the CPC and affording notice to legal representatives, failing which valuable rights may be compromi....
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 can allow substitution of parties and condone delays in procedural applications if sufficient cause is shown, even after the prescribed period.
Counsel must notify the court of a party's death and provide legal heirs' details; failure leads to abatement under Order 22 Rule 10A of CPC.
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.
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