Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 - Order 22 Rule 9 - Abatement of second appeal- Dispute between parties over their right to use a lane connecting their respective residential houses - Suit filed by respondents for grant of injunction against appellants was dismissed - Order set aside in appeal - Appellants filed second appeal, during pendency of which respondent nos.2 and 3 died - No application for their substitution within time period prescribed under Order 22, rule 9 of CPC was filed - Appellants filed application for bringing on record the heirs and LRs of respondent nos. 2 and 3 after long delay - High Court declined to condone the delay and held that second appeal filed by appellants must be E dismissed having abated - Justification of - Held: Justified - On facts, no sufficient cause was shown for purpose of condonation of delay in bringing 011 record the names of heirs or LRs of deceased respondent nos.2 and 3. Dispute arose between the parties over their right to -4, use a lane which connected their respective residential houses. Respondents filed suit for grant of injunction against the appellants which was dismissed. The order was seuside in appeal. Appellants filed second appeal before High Court, during pendency of which respondent nos. 2 and 3 died. No application for their substitution within the time period prescribed under Order 22, rule 9 of CPC was filed. Appellants filed application for bringing on record the heirs and legal representatives of the said respondent nos. 2 and 3 after a delay of 2381 days and A 2601 days respectively along with an application for condonation of delay in filing the said application. The High Court declined to condone the delay in bringing on record the heirs and legal representatives of respondent nos. 2 and 3 and consequently held that the second appeal filed by the appellants must be dismissed having abated.In appeal to this Court, it was contended by the appellants that the High Court erred in failing to consider the fact that the appellants were not aware of the consequences of death of respondent nos. 2 and 3 and they came to know thereabout only through their counsel at a much later date. It was further contended that in any event, the provision of Order 22, rule 1 OA of CPC mandating the counsel of the deceased to duly inform the Court in regard to their clients passing away having not been complied, the judgment passed by the High Court cannot be sustained. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 467 |
Petitioner | Katari Suryanarayana & Ors. |
Respondent | Koppisetti Subba Rao & Ors. |
SCR | [2009] 5 S.C.R. 672 |
Judgement Date | 2009-04-08 |
Case Number | 2240 |
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