SUJOY PAUL
Ahmed Ali Khan – Appellant
Versus
Tayab Khatoon – Respondent
ORDER :
1. These batch of petitions filed under Article 227 of the Constitution contains a singular legal question and therefore, on the joint request of the parties, the matters were analogously heard and decided by this common order.
2. C.R.P.Nos.1391, 1402 and 1404 of 2024 are directed against common order dated 08.02.2024 passed in I.A.Nos.1264, 1265 and 1263 of 2023 in O.S. No. 876 of 2017 respectively and C.R.P.Nos.1493, 1507 and 1521 of 2024 are directed against common order dated 08.02.2024 passed in I.A.Nos.1266, 1268 and 1267 of 2023 in I.A.No. 514 of 2017 in O.S. No. 876 of 2017 respectively, both on the file of XVII Additional Senior Civil Judge, City Civil Court at Hyderabad.
3. The singular question deserves consideration is that when admittedly on the date of institution of suit, the sole defendant was not alive, but legal representatives of deceased defendant contested the matter to a great extent, whether the plaintiff’s application for substitution of legal representatives, condone delay and setting aside abatement were entertainable?
Factual backdrop:
4. The admitted facts between the parties are that the plaintiff instituted a suit in O.S. No. 876 of 2017 for evictio
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