Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 - 0.22 r.3 and s.151 - C Suit filed by appellant's husband for declaration that he was entitled to vacant possession of the plot of land allotted to him |
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 - 0.22, r.3 and s.151 - C Suit filed by appellant's husband for declaration that he was entitled to vacant possession of the plot of land allotted to him D E F G H - Trial Court decreed the suit - First Appellate Court reversed the judgment - Second appeal filed qy appellant's husband - During pendency of second appeal, appellant's husband died leaving behind appellant (his widow) along with 2 sons and 3 daughters - Second appeal dismissed for non- prosecution - Later, appellant, claiming herself to be sole legal heir on basis of a Deed of Family Settlement, filed application for setting aside the order dismissing the second appeal for non-prosecution - Appellant also filed application u/Or.22, r.3 CPC for bringing the LRs on record and application u/s.5 of the Limitation Act for condonation of delay - All applications dismissed by the High Court - Justification - Held: Justified - High Court rightly rejected all the applications - Present case not a fit case to condone delay, bringĀ·,,the LRs on record and to set aside the order of abatement - Appellant is widow of original plaintiff and had knowledge of pendency of the second appeal - Her plea that she was told by her husband that the counsel would inform about the hearing of the application, cannot be ground to entertain application for condonation of delay of more than seven years for preferring the petition for substitution - Moreover, purported deed of family settlement did not statethat the right to sue survived only on the appellant and could not be relied upon to exclude the other legal heirs - Limitation Act, 1963 - s. 5. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 349 |
Petitioner | Karam Kaur |
Respondent | Jalandhar Improvement Trust And Ors. |
SCR | [2014] 8 S.C.R. 708 |
Judgement Date | 2014-04-28 |
Case Number | 4915-4918 |
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