ABATEMENT OF SUIT

Querist : Anonymous (Querist) 06 April 2011 This query is : Resolved
IN ACIVIL SUIT PLAINTIFF DIES, AFTER 90 DAYS PLAINTIFF'S LEGAL HEIRS FILED APPLICATION FOR LEGAL HEIRS BROUGHT ON RECORD UNDER ORDER 22 RULE 3 OF CIVIL PROCEDURE CODE. WITHOUT FILING APPLICATION FOR SETTING ASIDE ABETMENT CAN BE ALLOWED.

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Devajyoti Barman (Expert) 07 April 2011
If the delay is properly explained and accepted by the court then the suit does not abate.

Kirti Kar Tripathi (Expert) 07 April 2011
There are number of citations in this regard that formal application for setting aside abatement is not required. you may make oral request for setting aside the delay, if any or you may move a fresh application for condonation of delay explaining the reasons in filing application under order 22 Rule 3. an application to bring the legal heirs of parties on records can not be rejected on the ground of hyper-technicalities.

Advocate Bhartesh goyal (Expert) 07 April 2011
I do agree with Mr Kirti Kar Tripathi.

Naresh Kudal (Expert) 08 April 2011
agree with experts

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