Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9 -- Delay - Condonation - Sufficient cause - To be construed liberally so as to advance substantial justice, when the delay is not on account any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant; (ii) In considering the reasons for condonation of..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Impleading of L.R's - Delay - Condonation - Non impleadment of L.R's for more than one year inspite of knowledge of death of respondents - Reason stated to be busy in filing SLP's in Supreme Court because of time bound cases - Held, it is not sufficient reason in law for condonation of..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - One of the legal representatives already on record - Omission to impleaded L.R's of deceased defendant a bona fide mistake - Impleadment of L.R's subsequently relates back to date of filing of suit in view of proviso to sub-section (1) of S.21 of Limitation..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- (As in P&H) - Impleading of L.R's - As per amendment of O.22.Rr.3, 4 by Punjab & Haryana High Court, there is no limitation for bringing on record the legal representatives - Question of abatement of suit does not arise - Legal representatives can be brought on record at any time...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case - The words..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5, Article 121 -- Death of two respondents during pendency of appeal - Delay of 2381 and 2601 days in bringing L.R's on record - Appellants were neighbours and co-sharers - Date of death was known to them - Held, ignorance of legal consequences not sufficient to condone such a huge delay...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleading - Abatement - Setting aside - Consideration for condonation of delay u/s 5 Limitation Act and setting aside of the abatement U.O.22 are entirely distinct and different - Court always liberally considers the latter...........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- L.R's - Non impleading - Abatement - Setting aside - Consideration for condonation of delay u/s 5 Limitation Act and setting aside of the abatement U.O.22 are entirely distinct and different - Court always liberally considers the latter...........
