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...application to condone the delay in filing the application to set aside abatement.2. The learned trial Judge chose to take up the application for condonat...the impugned order dated 18.02.2016 condoning the delay of 265 days in filing the application under Order XXII Rule 9 C.P.C to set aside the abatement.3. The...of the second defendant there would be no abatement and that such a wrong legal advise made them not to file an application to set aside abatement under Order XXII Rule ...
...challenging the order dismissing the application to set aside abatement under Order XXII Rule 9 and also to implead the petitioners as the legal heirs of the deceased pl...on the basis of a will. The court below dismissed the application to set aside abatement consequently dismissed the application to implead the petitioners as the legal heirs of the plaint...the legality of the impugned order passed. The dismissal of impleading application is consequential to the dismissal of the application to set aside abatement. Both these orders can be ch...
...Appellants 3, 22 and 41 after condonation of delay in filing the application for setting aside abatement and to set aside abatement. Appellant 3 died on 19-12-1997, Appellant 22 died in t...sufficient cause was shown for condonation of delay in filing the application to set aside abatement and setting aside abatement. Against the said order, the appellants preferred a letter...an application for setting aside abatement and set aside abatement, but this Court condoned the delay, set aside abatement and directed the appellate court to d...
...sixty days within which an application to set aside abatement has to be moved. We have seen the application made by the appellant requesting the Court to condone the delay and gr...substitution. Once substitution is granted, the second order dated July 2, 1980 cannot survive and the appeal would not abate. Therefore the second order dated July 2, 1980 has to be set aside by us...days and there was satisfactory explanation for the delay in seeking substitution. In the facts and circumstances of this case we, therefore, set aside the order dated September 19, 1976 and grant...
...themselves impleaded and continue the proceedings, if the suit is already not abated, and if abated, they have to file an application to set aside abatement also.7....claiming to be the legal representative of a deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement or dismissal, and if...it is proved that he was prevented by any sufficient cause from continuing the suit, the court shall set aside the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit...
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Prayer in CMP No.20437, 20441 and 20444 of 2023: These petitions are filed to condone the delay of 1217 days in filing the application to set aside abatement caused du...death of the second respondent, to set aside abatement and to bring on record their legal heirs in the Review Application SR.No.16703 of 2022.
1/4..., 20441 & 20444 of 2023 are filed to condone the delay of 1217 days in filing the application to set aside abatement caused due to the death of the second respondent, ...
...condone the delay in filing an application for impleading and set aside the abatement of the appeal. On an application to set aside filed after sixty days of the date of ...the delay was also filed along with the application to set aside the abatement. The widow of the respondent-tenant in a petition for eviction is the petitioner in this Civil Revision. The...out that the appeal stood abated as the legal representative was not impleaded within the 15 days time allowed by the Rules. Then on 8-8-1980 the respondent filed an application to set aside the abatement....
...Rao, father of respondent 3, within ninety days and that no application to set aside abatement was filed within a period of sixty days thereafter.2. I have heard Sri A.N Singh, learned...to set aside abatement must have been made and in fact it was made on 10-9-1974.4. Hence there appears to be ten days' delay in making the application to set ...treated to be an application for setting aside the abatement also, and that the application moved by the petitioners was not maintainable and cannot be treated as an application to ...
...date of his knowledge.4. The respondents 3 to 6 filed counter affidavit and submitted that the present application to bring the legal representatives of the deceased first respondent on record is not maintai...to set aside the abatement.5. The learned Judge, considering the averments made in the affidavit, counter affidavit, materials available on record and the judgments relied on by the parties, dismiss...days from the date of death of the defendant. As per Article 121 of the Limitation Act, time limit to set aside the abatement is 60 days. If the plaintiff fails to file ...
...legal heirs filed the above applications for condoning the delay in filing the application to set aside abatement, for setting aside the abatement and also for impleading them as suppleme...justice in the matter.This original petition is allowed. The impugned orders are set aside and the petitions are allowed. The court below is directed to take up the appeal and dispose of...no sufficient reason has been given and the reason given is not acceptable.3. The court below, on the basis of the materials before it, came to the conclusion that the claim of the...
...has been filed after delay so also without filing an application to set aside abatement under Order 22 Rule 9 CPC.Learned counsel for the petitioner submits...impugned may be quashed.Learned counsel for the respondent submits that there is gross negligence on the part of petitioner because no proper application was filed to set aside the abatement...under Section 5 of Limitation Act, it is prayed by the petitioner to set aside the abatement, therefore obviously, the said prayer ...
...deceased respondent, but no petition has been filed to set aside abatement and therefore, on that short ground it is liable to be dismissed.6. The rent control appellate authority considered...set aside the abatement consequent on the death of the landlord and to condone the delay in filing the application to...to 5 in R.C.R No. 290 of 2014 enures to the benefit of R.C.A No. 13 of 2013 as well and therefore, a fresh application to implead the legal heirs of the deceased landlord or to set aside ...
...appeal has abated as against the deceased respondent, but no petition has been filed to set aside abatement and therefore, on that short ground it is liable to be dismissed. 6. The re...set aside the abatement consequent on the death of the landlord and to condone the delay in filing the application to...counsel lastly submitted that the impleadment of additional respondents 2 to 5 in R.C.R.No.290 of 2014 enures to the benefit of R.C.A.No.13 of 2013 as well and therefore, a fresh application to implead the legal he...
.... Qureshakhatun and one another. She died during the pendency of the suit. As per Exh. 34, plaintiff filed an application to set aside abatement, for, the Court had recorded on 20-9-1971 that the suit has...is shown, the Court can set aside the abatement of the suit.4. That cannot be done without issue of notice to the parties who are sought to be impleaded as legal representa tives and who...impleaded in place of defendant No. 1 and after considering their objections if any proceed to find out whether there is sufficient cause established to set aside the abatement and also who are the legal...
...representative of the deceased plaintiff is to get the abatement of the suit set aside and this he can do by making an application for that purpose within time. The court will set aside t...within time. If the mere fact that the applicant had known of the death belatedly was sufficient for the court to set aside the abatement, the legislature would have expressed itself differently and would not have ...not know of the death of the defendant as ordinarily expected and, therefore, not only provided a further period of two months under Article 176 for an application to set aside the abatement of the suit...
...abatement of the suit for not bringing the legal representatives of the deceased on record would not arise. The petitioners had rightly filed an application to bring the other legal representatives on record along with the ...filed and therefore I find that the impugned order cannot be sustained and deserves to be quashed and set aside. The learned Judge as such erroneously dismissed the application filed by the...representatives of the excluded heir along with an application for condonation of delay also requires a prayer for setting aside abatement.4. The facts which curl out from the records are...
...allowed the said application. Thereafter, the respondents 1 & 2 herein filed an application in I.A No. 288/2016 to set aside the abatement of the suit and the same was also allowed on 06.11.2017 I...set aside abatement and bring on record the legal heirs of the 1 defendant, has been filed only from 09.04.2015 to 09.06.2016 While allowing the application filed....3. According to the petitioner, the court below has erroneously allowed the application to set aside the abatement of the suit, stating that it is only a consequential petition and...
...direction to file a fresh substitution application alongwith an application to set aside abatement.2. The facts, in brief, are that the petitioners are landlords of the sho...application for substitution with an application to set aside abatement.4. The core question is whether an heir, who is entitled to succeed as an heir of a tenant, is entit...application to set aside abatement. The petitioners had already filed a fresh application in time and they had rightly impleaded Panna Lal on the basis that he was the brother of the deceased but ...
...computed from the date of the death of the deceased defendant or respondent. Under Article 121 of the Limitation Act’ a period of 60 days is allowed for an application to set aside ...and no formal order of abatement is necessary.10. The death of the deceased respondent occurred on 24-12-1976 and the applications for substitution and for setting aside abatement were made on 26-9-1977. Thus.... In the Supreme Court case cited above, their Lordships held that the limitation for an application to set. aside abatement of a suit starts on the death of the respondent and not from the date of...
...Lal when not only the appeal had long abated but the limitation for the application to set aside abatement had long expired. To avoid abatement the application should have been m...of the death of Sohan Lal and in order to get the abatement set aside the application should have been made within sixty days of the abatement. The appellant had a period of 150 days altogether fo...representatives on the record within ninety days, the suit or the appeal abates, it is for the applicant to get the abatement set aside by making an application within sixty days on proof of sufficient cau...