SHANTI DEVI & OTHERS versus KAUSHALIYA DEVI

SHANTI DEVI & OTHERS versus KAUSHALIYA DEVI

The first appellate court and High Court erred in law by condoning a delay of more than eleven years in entertaining the substitution application to set aside abatement, as the respondent had full knowledge of her father's death and the pending litigation; insufficient grounds were furnished for such extraordinary delay, amounting to abuse of process.

Parties
Appellant: Shanti Devi & Others; Respondent: Kaushaliya Devi
Jurisdiction
India
Judgment Date
18 September 2015
Procedural Posture
Civil Appeal / Appeal Against Order of High Court in Writ Jurisdiction Affirming First Appellate Court's Order
Outcome
Appeal allowed; impugned orders set aside
Legal Topics
Substitution of Parties, Condonation of Delay, Abatement of Suits and Appeals, Limitation for Substitution Applications
Civil Procedure Substitution of Parties Condonation of Delay Abatement of Suits and Appeals Limitation for Substitution Applications

Case Brief

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Parties

Shanti Devi & Others

Appellant

Kaushaliya Devi

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of High Court in Writ Jurisdiction Affirming First Appellate Court's Order

Legal Issues

  1. 1 Whether the delay of more than eleven years in moving an application for substitution and for setting aside abatement could be condoned under Section 5 of the Limitation Act, 1963, in the facts of the case
  2. 2 Whether the first appellate court and the High Court erred in condoning such delay and allowing the substitution

Ratio Decidendi

The first appellate court and High Court erred in law by condoning a delay of more than eleven years in entertaining the substitution application to set aside abatement, as the respondent had full knowledge of her father's death and the pending litigation; insufficient grounds were furnished for such extraordinary delay, amounting to abuse of process.

Court Disposition

Appeal allowed; impugned orders set aside

Orders

  • Order dated 02.01.2014 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Writ Petition No. 58 of 2008 (M/S) set aside
  • Order dated 10.10.2007 passed by Additional District Judge/Special Judge (E.C. Act), Gonda in Miscellaneous Case No. 08 of 2006 set aside