civil law
yogesh kumar gupta
(Querist) 01 July 2009
This query is : Resolved
a misc. appeal is filed in a case. during the pendency of appeal,the defendent dies and on the basis of application filed by plaintiff, the L.Rs. of deceased defdt. came on record.the appeal was decided after 3 years.then in lower court L.Rs. of deceased defdt.puts argument that the suit is abated because the L.Rs. was not brought on record within time. WHETHER THE ARGUMENT IS TENABLE?
Y V Vishweshwar Rao
(Expert) 01 July 2009
Yes - The Lrs to be bourght on record with in 90 days from the date of death of the party -
However the Lrs are brought on records in CMA -but not in original Suit - in original Suit also the lrs ought to have been impleaded with in time .
Since the lrs are already impleaded in the CMA - file applications to condone the delay in filign a petition to set aside the Deemed abatement orders and also to implead the Lrs in the suit.
Kiran Kumar
(Expert) 01 July 2009
absolutely a correct advice by Mr. Rao,
move an application for condonation of delay...since the appeal was contested by the LRs, the facts were in the knowledge of other party as well.
rules of procedure and hand made of justice and they are not meant to defeat the substantive rights.
I.S.Roy,Advocate
(Expert) 09 April 2012
Correct advice is given by Mr Rao,
File an application for condone the delay in the suit proceedings while petitioner is prepared to file the petitions for adding the Lrs . Otherwise, suit will be abated
with regards
ISRoy, Advocate
