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HIRDESH
Bano Bee W/o Peer Mohammad – Appellant
Versus
Yusuf S/o Ismail Khan – Respondent
ORDER :
1. Heard on IA No. 1382 of 2014 which is an application for condonation of delay in filing the appeal under Section 5 of the Limitation Act, 1963. The delay is of 66 days.
Keeping in view the reasons mentioned in the application and in absence of any opposition, the same is allowed. Delay in filing the appeal is hereby condoned. Accordingly, IA No. 1382 of 2014 stands disposed of.
This miscellaneous appeal has been preferred by the appellants under Order 41 Rule 3A of Code of Civil Procedure, 1908, against the order dated 22.08.2013 passed by First Additional District Judge, Jaora, District-Ratlam (MP) passed in Civil Regular Appeal No. 09A/2013 in the effect of abatement.
2. The brief facts of the case was that the appellants have filed the civil appeal before the First Additional District Judge, Jaora, District-Ratlam (MP) against the respondents. During the pendency of the appeal, the respondent No. 1 Ismail Khan has passed away then the appellant has filed an application for bringing the legal representatives of dead respondent No. 1 on record under Order 22 Rule 4 CPC and under Order 22 Rule 9 CPC and Section 5 of Limitation Act, 1963.
3. After hearing counsel for both the
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 the liberal construction of 'sufficient cause' for condonation of delay and the emphasis on a satisfactory explanation, as outlined in the case of ....
The main legal point established in the judgment is that the delay in bringing the legal representatives of the deceased defendant on record should be condoned if no prejudice would be caused to the ....
The court emphasized a liberal approach in condoning delays for substituting legal representatives, prioritizing substantial justice over strict adherence to procedural timelines.
Procedure is handmaid of justice; delay in substituting legal representatives of deceased defendant condoned where death notice dubious, no timely objection by defendants, preventing harsh abatement.
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....
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....
The court allowed the applications under Order 22 Rule 4 & 9 C.P.C. and Section 5 of Limitation Act to set-aside the abatement of appeal, condone delay, and bring on record the Legal Representatives ....
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