HARI PRASAD BHUYAN versus DURGA PRASAD BHUYAN AND ORS.

HARI PRASAD BHUYAN versus DURGA PRASAD BHUYAN AND ORS.

Prayer for condonation of delay in seeking substitution by setting aside abatement and condonation of delay should have been accepted, as Limitation is counted from the date of knowledge of death. High Court's dismissal was erroneous as there was no earlier disclosure of deaths by respondents and delay was justified.

Parties
Appellant: Hari Prasad Bhuyan; Respondents: Durga Prasad Bhuyan and Ors.
Jurisdiction
India
Judgment Date
29 January 2008
Procedural Posture
Civil Appeal / Appeal From Final Judgment and Order of Gauhati High Court
Outcome
Appeal allowed
Legal Topics
Substitution of Legal Heirs, Condonation of Delay, Abatement of Proceedings, Correction of Decrees
Civil Procedure Limitation Substitution of Legal Heirs Condonation of Delay Abatement of Proceedings Correction of Decrees

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Parties

Hari Prasad Bhuyan

Appellant

Durga Prasad Bhuyan and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Final Judgment and Order of Gauhati High Court

Legal Issues

  1. 1 Whether delay in seeking substitution of legal heirs and setting aside abatement should be condoned when appellant came to know of death from process server's report.
  2. 2 Whether application under Section 152 CPC for correction of decree is maintainable after abatement was declared due to respondent's death.

Ratio Decidendi

Prayer for condonation of delay in seeking substitution by setting aside abatement and condonation of delay should have been accepted, as Limitation is counted from the date of knowledge of death. High Court's dismissal was erroneous as there was no earlier disclosure of deaths by respondents and delay was justified.

Court Disposition

Appeal allowed

Orders

  • Order of trial court drawing up the decree is set aside.
  • Parties allowed liberty of moving the High Court under Section 152 CPC for appropriate rectification of the judgment to specify reliefs.