Application to bring lrs on record after expire of limitation period.
JAIME
(Querist) 26 July 2012
This query is : Resolved
Reply of Intervener to Application
To bring LRs on Record executed
on 25/04/2012.
May it please Your Honor,
The Intervener above named states and submits as follows:-
1. That Application to bring LRs on Record executed on 25th April 2012 by Applicant is barred by Article 120 of Limitation Act 1963.
2. That Code of Civil Procedure O, 22, R. 3 sub rule (2) states that: Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned.
3. Contents of Memo for Condonation Delay is Frivolous, devoid of merits and does not come under the ambient of S.5 of the Limitation Act 1963. It is pertinent to note here that the submitted Death Certificate of Appellant No. 2 is issued on 26/03/12 a date scheduled to hearing/filing of reply by Appellants available prior to expire of Limitation Period but failed to file the same before this Hon’ble Authority with application to bring LRs on record.
The Intervener therefore prays:
a. That the Application to bring LRs on record be dismissed.
b. That the name of Appellant No. 2 be abated from the present Appeal.
c. Any Order deemed fit and proper.
IN THIS CASE UPON THE DEMISE OF THE APPELLANT THE LRs FILED AN APPLICATION TO BE BROUGHT ON RECORD AFTER 115 DAYS OF THE DATE OF DEMISE. WILL A REPLY LIKE THE ABOVE HOLD GROUND TO ABATE THE PRESENT APPEAL. THANK YOU.
Devajyoti Barman
(Expert) 26 July 2012
The substitution petition needs to be filed with a petition u/s 5 of the Limitation Act explaining the delay.
Advocate Bhartesh goyal
(Expert) 27 July 2012
Generally court allows the application If sufficient ground to condone the delay has been explained by petitioner.
