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MOUSHUMI BHATTACHARYA, NAGESH BHEEMAPAKA
Bharat Petroleum Corporation Limited – Appellant
Versus
Cheedella Annapurnamma – Respondent
ORDER (COMMON)
Moushumi Bhattacharya, J.—The legal representatives of the deceased plaintiff No.8 (respondent No.8 in C.C.C.A.No.70 of 2018) have filed the present Interlocutory Application for condonation of delay of 992 days in bringing the said legal representatives on record and for setting aside the abatement caused due to the death of the respondent No.8. The applicants also seek permission to come on record as the legal representatives of the deceased respondent No.8.
2. The issue before us is whether the applicants/legal representatives of the respondent No.8 can be brought on record as the respondent Nos.16-19 upon setting aside the abatement of the Appeal as against the respondent No.8 (plaintiff No.8 in the Suit).
3. The admitted facts and dates are as follows:
3.1 The plaintiff Nos.1-8 (respondent Nos.1-8 in the appeal) filed Original Suit (O.S.No.557 of 2006) for eviction of the defendant Nos.2 to 4 from the suit schedule property and for delivery of possession of the suit schedule property to the plaintiffs and defendant No.1 as per their respective shares. The plaintiff Nos.1-8 also sought for recovery of Rs.2,04,500/- against the defendant Nos.2 to 4 towards arrears
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.
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....
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.
The principle of 'sufficient cause' and the justice-oriented approach should be applied in deciding matters, and matters should be decided on merits instead of dismissing them on technical grounds li....
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.
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