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A.VENKATESHWARA REDDY
M. Bhadri Raju – Appellant
Versus
D. K. Srinivas Raju since died for LRs 3 to 5 – Respondent
ORDER :
1. a) C.R.P.No.3100 of 2014 is filed under Article 227 of the Constitution of India assailing the order dated 05.06.2014 in I.A.No.707 of 2013 in O.S.No.488 of 2010 on the file of the IX Additional Chief Judge, City Civil Court at Hyderabad. The said I.A. was filed under Section 5 of the Limitation Act read with Section 151 of the Civil Procedure Code (for short ‘CPC’) to condone the delay of 1713 days in filing an application to bring the legal representatives of the deceased/respondent/first defendant on to record.
b) C.R.P.No.3107 of 2014 is filed under Article 227 of the Constitution of India assailing the order dated 05.06.2014 in I.A. No.4222 of 2009 in O.S.No.159 of 2008 on the file of the IX Additional Chief Judge, City Civil Court at Hyderabad. The said I.A. was filed under Section 5 of the Limitation Act read with Section 151 of CPC to condone the delay of 469 days in filing an application to bring the legal representatives of the deceased/respondent/first defendant on to record.
c) C.R.P.No.3154 of 2014 is filed under the Article 227 of the Constitution of India assailing the order dated 05.06.2014 in I.A.No.709 of 2013 in O.S.No.620 of 2011 on the file 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.
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.
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