KATARI SURYANARAYANA & ORS. versus KOPPISETTI SUBBA RAO & ORS.

KATARI SURYANARAYANA & ORS. versus KOPPISETTI SUBBA RAO & ORS.

No sufficient cause was shown for condonation of delay in bringing on record the heirs/legal representatives of deceased respondent nos. 2 and 3. Ignorance of legal consequences or lack of knowledge is not, by itself, enough. The parties, being neighbours, could not credibly claim ignorance of the deaths. Therefore, the delay of 2381 and 2601 days was not justified, and abatement of appeal is legally valid.

Parties
Appellants: Katari Suryanarayana & Ors.; Respondents: Koppisetti Subba Rao & Ors.
Jurisdiction
India
Judgment Date
08 April 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment; Supreme Court Decision on Condonation of Delay
Outcome
Appeal dismissed
Legal Topics
Abatement of Appeal, Condonation of Delay, Substitution of Parties
Civil Procedure Abatement of Appeal Condonation of Delay Substitution of Parties

Case Brief

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Parties

Katari Suryanarayana & Ors.

Appellants

Koppisetti Subba Rao & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment; Supreme Court Decision on Condonation of Delay

Legal Issues

  1. 1 Whether the delay of 2381 and 2601 days in bringing on record the heirs/legal representatives of respondent nos. 2 and 3 should be condoned under Order 22 Rule 9 of CPC
  2. 2 Whether the second appeal abated due to failure of timely substitution
  3. 3 Applicability and consequences of Order 22 Rule 10A CPC regarding the duty of counsel to inform the court of death

Ratio Decidendi

No sufficient cause was shown for condonation of delay in bringing on record the heirs/legal representatives of deceased respondent nos. 2 and 3. Ignorance of legal consequences or lack of knowledge is not, by itself, enough. The parties, being neighbours, could not credibly claim ignorance of the deaths. Therefore, the delay of 2381 and 2601 days was not justified, and abatement of appeal is legally valid.

Court Disposition

Appeal dismissed

Orders

  • Supreme Court declines to condone delay; appeal dismissed; no costs