MANI RAM AND ANR. versus HARI SINGH AND ORS.

MANI RAM AND ANR. versus HARI SINGH AND ORS.

Applications to bring legal representatives on record are allowable where delay is duly explained. Misapprehension by the High Court in dismissing such applications does not warrant setting aside the decree; remand is unnecessary if delay is properly explained.

Parties
Appellant: Mani Ram; Respondent: Hari Singh
Jurisdiction
India
Judgment Date
21 July 1992
Procedural Posture
Civil Appeal / Appeal Against Order of Punjab & Haryana High Court in Regular Second Appeal Nos. 105 and 601 of 1971
Outcome
Appeals dismissed.
Legal Topics
Condonation of Delay, Abatement, Bringing on Record Legal Representatives
Civil Procedure Condonation of Delay Abatement Bringing on Record Legal Representatives

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Parties

Mani Ram

Appellant

Hari Singh

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of Punjab & Haryana High Court in Regular Second Appeal Nos. 105 and 601 of 1971

Legal Issues

  1. 1 Whether the decree should be set aside because it was made in favour of a deceased appellant.
  2. 2 Whether the applications to bring legal representatives on record should have been considered on merits.

Ratio Decidendi

Applications to bring legal representatives on record are allowable where delay is duly explained. Misapprehension by the High Court in dismissing such applications does not warrant setting aside the decree; remand is unnecessary if delay is properly explained.

Court Disposition

Appeals dismissed.

Orders

  • No order as to costs.