AI Overview...
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Legal Heirs on Record - The courts emphasize that only the rightful legal heirs can be impleaded on record to prosecute or defend cases, and their proper inclusion is essential for the proceedings' validity. The failure to bring heirs on record can lead to abatement or dismissal of appeals or cases Sheikh Munawwar (Dead) Through Lrs Seikh Iqbal vs Fatima Begum - Madhya Pradesh, Purnanand Sharma and Ors. VS Mahabir Singh and Ors. - Gauhati.
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Limitation Periods and Legal Heirs - The period of limitation for bringing legal heirs on record is governed by the Limitation Act, particularly Section 5 (admission of delay) and Order XXII Rules 4 and 5 CPC. During the COVID-19 pandemic, courts extended limitation periods following Supreme Court directives, allowing heirs additional time to file applications for substitution or impleadment RAMESH CHAND SHARMA THROUGH LR Vs BALBIR SINGH MATHUR & ORS. - Delhi, Abdul Rahim Molla VS Harichhennechha Bibi - Calcutta, Sheikh Munawwar (Dead) Through Lrs Seikh Iqbal vs Fatima Begum - Madhya Pradesh.
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Effect of Delay and Condonation - Delay in filing applications to bring heirs on record must be adequately explained. Courts have the discretion to condone delays during the pandemic, but failure to do so can result in abatement of proceedings. Proper application of Section 5 of the Limitation Act is critical in such cases Sheikh Munawwar (Dead) Through Lrs Seikh Iqbal vs Fatima Begum - Madhya Pradesh, Mohinder Dutt Sharma VS Bhagat Ram - Dishonour Of Cheque, Ramasamy (Died) vs Amirthalingam - Madras.
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Specific Case Insights - Cases highlight that failure to include legal heirs properly can lead to appeal abatement or rejection, but during exceptional circumstances like the pandemic, courts have extended timelines and allowed substitution, provided applications are filed within extended periods RAMESH CHAND SHARMA THROUGH LR Vs BALBIR SINGH MATHUR & ORS. - Delhi, Abdul Rahim Molla VS Harichhennechha Bibi - Calcutta.
Analysis and Conclusion:
Courts consistently hold that legal heirs must be properly impleaded on record within limitation periods, which can be extended during extraordinary circumstances such as the COVID-19 pandemic. Proper adherence to procedural rules and timely applications are crucial; failure to do so may result in abatement or dismissal of cases or appeals. Courts have shown flexibility during the pandemic, emphasizing the importance of just and fair proceedings while upholding procedural integrity.
Search Results for "Legal Heirs on Record for 138 Case Period Limitation Prescribed"
2024 Supreme(Online)(DEL) 10213 • India - High Court of Delhi
impact of the Covid-19 pandemic on limitation periods, ultimately modifying the impugned order to implead only the rightful legal ... The court considered the mandatory provisions of Order XXII rules 4 and 5 CPC, the period of limitation for impleadment, and the ... Finding of the Court: The court analyzed the provisions of Order XXII rules 4 and 5 CPC, the period of limitation for ... In cases where the limitation would have expired during the #HL....
2022 0 Supreme(Telangana) 423 • India - Telangana
K. SURENDER
collectively come on record to prosecute the appeal has no legal basis. ... case will not decide any rights or claims of legal heirs. ... of limitation, the telegram by itself cannot be construed as a statutory notice (Para 5). ... The objection of the respondent that all the legal heirs have to collectively come on record to prosecute the appeal has no legal basis. ... However, the limitation #HL....
• India - Dishonour Of Cheque
M.R.VERMA
5 of the Limitation Act (Cr. M. P. (M) No. 417 of 2001) for condonation of delay in filing the other application to bring on record the legal representatives of the deceased respondent No. 1 (Cr. M. P. ... There is no provision in the Code of Criminal Procedure (here-after referred to as `the Code') which provides for bringing on record the legal representative of the deceased party. ... They have inherited the properties of Bhupendra as heirs and the instant criminal case relates to s....
2001 0 Supreme(HP) 289 • India - Himachal Pradesh
M.R.VERMA
to bring on record the legal representatives of the deceased within any prescribed period of limitation. ... Limitation Act - Criminal Revision - Section 5 - S. 138/142 of the Negotiable Instruments Act - [Limitation Act, Section 5] - ... The court discussed the provisions of the Limitation Act, Section 5, and the absence of a legal requirement for filing an application ... Thus, there is no legal requirement of fi....
2025 Supreme(Online)(Kar) 30485 • India - Karnataka High Court
K.S. HEMALEKHA, J
- The Court delineated that sales conducted without prior permission during the non-alienation period are curable defects rather ... Petition seeking restoration of lands rejected on grounds of delay and alleged illegality in sale deeds executed during non-alienation period ... ... ... Ratio Decidendi: The Court reasoned that while the transfer of land during the prohibited period without prior sanction is ... Hari Kishore Yadav (Dead) through LRs and others (Chhedi Lal Yadav) has held that where no period of #HL_START....
2023 0 Supreme(Cal) 1615 • India - Calcutta
BIVAS PATTANAYAK
of limitation during the COVID-19 pandemic - As plaintiff no. 1 expired during the applicable period and the application for substitution ... heirs - The court held that the period for substitution due to the defendant's death was covered by the Supreme Court's extension ... accepted following the Supreme Court's directives during the pandemic which extended limitation periods. ... In the event the actual balance period of limitation remaining, with ....
2024 Supreme(Online)(GUJ) 10566 • India - High Court of Gujarat
M. K. THAKKER, J
(A) Limitation Act, 1963 - Article 19 - Negotiable Instruments Act, 1881 - Section 138 - Acquittal of accused in cheque bounce case ... period to reset the limitation clock, as per Section 19 of the Limitation Act. ... The court emphasized that no acknowledgment of debt was made within the limitation period. ... In absence of any document being brought on record by the complainant that the debt was acknowledged during the ....
2024 Supreme(Online)(MP) 43494 • India - High Court of Madhya Pradesh
SHRI JUSTICE SANJAY DWIVEDI, J
heirs on record - Delay in filing applications must be adequately explained - Court's discretion to condone delay is limited by ... (A) Civil Procedure Code, 1908 - Order 22 Rule 4 and Rule 9 - Limitation Act, 1963 - Section 5 - Abatement of appeal - Applications ... for bringing legal representatives on record filed belatedly - Delay not condoned due to lack of sufficient cause - Appeal abated ... In cases where the limitation would have expired during the period between 15.03.2020 ti....
2025 Supreme(Online)(MAD) 12146 • India - High Court of Madras
MR. JUSTICE R. SAKTHIVEL, J
(Paras 6, 8) ... ... Facts of the case: ... The legal heirs of the deceased sole plaintiff filed ... (A) Code of Civil Procedure, 1908 - Section 114 - Limitation Act, 1963 - Section 5 - Review Application - Dismissal of Review Application ... that the Trial Court ought to have allowed the condonation of delay petition in light of the Supreme Court's directions regarding limitation ... In cases where the limitation would have expired during the period between 15.03.....
2006 0 Supreme(Gau) 28 • India - Gauhati
H.N.SARMA, M.B.K.SINGH
Issues: The main issue was whether the appeal would abet as a whole due to the failure to bring on record legal heirs of deceased ... )2 SCC 448, (1979) 3 SCC 409, (1996) 2 SCC 205] - The court discussed the abetment of the appeal due to the failure to bring on record ... Finding of the Court: The court found that the appeal will not abet as a whole due to the failure to bring on record ... Abatement of suit for failure to move an application for bringing the legal representatives on record....
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