PERYMON BHAGBATHY versus BHARGAVI AMMA (DEAD) BY LRS. AND ORS.

PERYMON BHAGBATHY versus BHARGAVI AMMA (DEAD) BY LRS. AND ORS.

Delay in filing application for setting aside abatement was satisfactorily explained where appellant was unaware of respondent's death, hearing dates were not fixed periodically, and neither the counsel nor legal representatives notified the court. The abatement must be set aside, delay condoned, and legal representatives permitted to be brought on record.

Parties
Appellant: PERYMON BHAGBATHY; Respondents: BHARGAVI AMMA (DEAD) BY LRS. AND ORS.
Jurisdiction
India
Judgment Date
11 July 2008
Procedural Posture
Civil Appeal / Appeal From Kerala High Court, Second Appeal No. 147/1993
Outcome
Appeal allowed
Legal Topics
Condonation of Delay, Abatement of Appeals, Substitution of Legal Representatives
Civil Procedure Condonation of Delay Abatement of Appeals Substitution of Legal Representatives

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

PERYMON BHAGBATHY

Appellant

BHARGAVI AMMA (DEAD) BY LRS. AND ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal From Kerala High Court, Second Appeal No. 147/1993

Legal Issues

  1. 1 Whether delay in filing application for setting aside abatement of appeal can be condoned when appellant claims ignorance of respondent's death
  2. 2 Whether abatement should be set aside and legal representatives brought on record

Ratio Decidendi

Delay in filing application for setting aside abatement was satisfactorily explained where appellant was unaware of respondent's death, hearing dates were not fixed periodically, and neither the counsel nor legal representatives notified the court. The abatement must be set aside, delay condoned, and legal representatives permitted to be brought on record.

Court Disposition

Appeal allowed

Orders

  • Orders of High Court dated 5.10.2005 dismissing applications and closing appeal as abated are set aside.
  • Delay is condoned, abatement is set aside.