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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Hiralal Shri Kanhaiyalal Yadav (Deceased) through LRs. Smt. Premlata – Appellant
Versus
Gyarsibai – Respondent
| Table of Content |
|---|
| 1. appellant's grievance about abatement of suit. (Para 1 , 2) |
| 2. arguments regarding delays and possession claims. (Para 3 , 4 , 5) |
| 3. ex-parte decision due to non-appearance. (Para 6 , 7 , 8) |
| 4. legal nuances on delay condonation application. (Para 9 , 10 , 11) |
| 5. court quashed previous order to allow appeal. (Para 12 , 13) |
| 6. final disposal of appeal. (Para 14 , 15) |
JUDGMENT :
PREM NARAYAN SINGH, J.
1. The appellant has preferred this appeal being aggrieved by the-order dated 14-03-2022 passed in Original Civil Suit No.02A/2015, by the Learned Seventh Additional District Judge, Indore whereby the application preferred for substitution of legal heirs of plaintiff due to his demise has been rejected and the suit is dismissed as abated.
2. The case of the petitioner in nutshell is that plaintiff-Hiralal (being son of Shri Kanahaiyalal Yadav, the original owner suit land) filed a civil suit against the defendants for the relief of declaration and injunction, a written statement was also filed by the defendants wherein they have disputed the factum of execution of will by plaintiff. During the pendency of the trial sole plaintiff-Hiralal died on 02.10.2019 and his legal repres
Delay in substitution applications can be condoned if sufficient grounds are shown, and procedural oversights should not preclude access to justice.
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.
Ignorance of law does not excuse procedural failures; a formal request to set aside abatement is essential when seeking to condone delay in joining legal heirs of deceased litigants.
The court emphasized a liberal approach in condoning delays for substituting legal representatives, prioritizing substantial justice over strict adherence to procedural timelines.
An appeal filed against a deceased respondent is invalid and non-maintainable; the failure to timely substitute legal heirs precludes delay condonation.
The court established that a liberal approach should be taken in condoning delays in procedural matters to ensure that justice is served.
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....
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