Yes, a delay condonation petition is necessary. The impleading petition (to bring the legal representatives of the deceased defendant on record) was filed on 15/11/2025, which is well beyond the 90-day limitation period from the date of death (29/04/2025) under Article 120 of the Limitation Act, 1963. (!) Abatement occurs automatically by operation of law on expiry of 90 days if no application is filed, without needing a judicial declaration, though judicial cognizance is required to record it.[1000432520004] (!) Where abatement has occurred due to death of a sole or necessary defendant, separate applications are required: (i) to set aside the abatement (within 60 days from abatement under Article 121); (ii) to condone delay in the application to set aside abatement (under Section 5 of the Limitation Act); and (iii) to bring the legal representatives on record.[1000432520001] (!) (!)

However, courts adopt a liberal approach to condonation of delay and setting aside abatement under Section 5 and Order 22 Rule 4(5) CPC, prioritizing substantial justice over technicalities, where there is no negligence, inaction, or lack of bona fides. (!) (!) (!) (!) (!) (!) (!) (!) Ignorance of the death constitutes "sufficient cause" for delay, particularly if the counsel for the deceased did not inform the court under Order 22 Rule 10A and no notice of death was issued to the plaintiff. (!) (!) [1000432520016][1000432520011] (!) The length of delay is immaterial if the explanation (here, lack of knowledge until 08/10/2025, followed by prompt action within ~38 days) is satisfactory, especially in cases without fixed hearing dates or where the plaintiff had no duty to monitor the defendant's status. (!) (!) (!) [1000432520015][1000432520019][1000432520018]

The circumstances—defendant's counsel not informing the court, plaintiff's late knowledge, and filing soon thereafter—mirror situations where courts condone significant delays (even 394 days) and set aside abatement, treating ignorance equivalently to lack of pendency awareness during management transitions or institutional changes.[1000432520002][1000432520020] (!) (!) (!) File the condonation petition alongside the impleading and abatement-set-aside applications, supported by an affidavit explaining ignorance and diligence post-knowledge, for a high likelihood of success on merits rather than procedural termination.[1000432520001] (!) (!)