Searching Case Laws & Precedent on Legal Query..!
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Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Delay in Filing Application for Abatement and Condonation - Courts have emphasized that the key factor in condonation is the sufficiency and reasonableness of the explanation for delay, not merely the length of delay. Many cases highlight that courts tend to favor setting aside abatement and deciding matters on merits rather than dismissing on procedural grounds, provided the delay is satisfactorily explained. The absence of a proper application for condonation or failure to specify the filing date can lead to rejection of the application. Notable references include cases ["2025 0 Supreme(AP) 41"], ["2024 0 Supreme(AP) 1104"], ["
Sheikh Mohammad Sadiq (deceased) VS Jammu & Kashmir Bank Limited - Current Civil Cases (2024)
"], ["2023 0 Supreme(Pat) 289"], ["2024 0 Supreme(Del) 154"], ["2024 0 Supreme(MP) 620"], ["2022 0 Supreme(Telangana) 610"], ["2022 0 Supreme(MP) 314"], and ["Bharat Petroleum Corporation Limited VS Cheedella Annapurnamma - Current Civil Cases
"].Legal Framework and Limitation Periods - Under Article 121 of the Limitation Act, the period to set aside abatement is generally 60 days from the date of abatement. Courts have held that legal heirs can be brought on record within 160 days from the date of death, but this requires an application for condonation of delay. Failure to file such applications within the prescribed period often results in dismissal, as seen in cases where delays of hundreds or thousands of days were involved (["2024 0 Supreme(AP) 1104"], ["2022 0 Supreme(Telangana) 610"], ["
Bharat Petroleum Corporation Limited VS Cheedella Annapurnamma - Current Civil Cases
"]).Factors Influencing Condonation - The courts consider the reasons for delay, the bona fide nature of the application, and whether the delay was due to genuine circumstances such as lack of knowledge of death or procedural lapses. Several cases demonstrate that courts are more liberal in applications to set aside abatement than in other procedural applications, focusing on substantive justice over strict procedural timelines (["2024 0 Supreme(HP) 130"], ["2023 0 Supreme(Pat) 289"], ["2024 0 Supreme(Del) 154"], ["2024 0 Supreme(MP) 620"]).
Procedural Requirements - Proper support for applications, including supporting affidavits and specific mention of filing dates, are crucial. Applications lacking these are often rejected, especially if filed beyond the limitation period. Courts also differentiate between applications for condonation in appeals versus applications for re-filing after rectification of defects, with the former being approached more leniently (["
Sheikh Mohammad Sadiq (deceased) VS Jammu & Kashmir Bank Limited - Current Civil Cases (2024)
"], ["2023 0 Supreme(Pat) 289"]).Conclusion:Filing a condonation delay petition from the date of death in applications for abatement requires a clear, satisfactory explanation for the delay, adherence to limitation periods (generally 60 days from abatement), and proper procedural support. Courts tend to favor hearing such applications on merits to prevent injustice, provided the delay is justified and supported by genuine reasons.
In civil litigation, the untimely death of a party can lead to serious procedural hurdles, such as under . Imagine a scenario where legal heirs discover the death long after it occurred, leading to a massive delay—like 702 days—in filing an application to substitute themselves or set aside the abatement. A common query arises: to Condone Delay of 702 Days in Filing—is such an extensive delay condonable?
This blog post delves into the legal framework, judicial precedents, and practical strategies for navigating such delays. While courts generally adopt a liberal stance to promote substantial justice, success hinges on demonstrating '.' Note: This is general information based on precedents and not specific legal advice; consult a qualified lawyer for your case.
When a party to a suit dies, the legal heirs must be brought on record via a substitution application under . Failure to do so within the prescribed time results in abatement (). To revive the suit, an application under is needed to set aside abatement.
A , and legal representatives have remedies like impleading themselves and setting aside abatement if applicable. As held in one case, 'A decree obtained against a dead person is a nullity, and the legal representatives have the remedy to implead themselves and, if the suit had abated, to get the abatement set aside...' 2021 0 Supreme(Ker) 371
The timelines are strict:- Article 120: 90 days from the date of death for 2013 0 Supreme(Kar) 1394 2011 0 Supreme(Bom) 1534.- Article 121: 60 days from the date of abatement for setting aside abatement 2013 0 Supreme(Kar) 1394 2011 0 Supreme(Bom) 1534 1981 0 Supreme(SC) 406.
Total effective period: 150 days from death. Beyond this, condonation under is mandatory. Importantly, 'the period of limitation for bringing the legal representatives of a deceased party on record is 90 days from the date of his death. Knowledge of death has no relevancy in regard to the operation of Article 120.' 2009 0 Supreme(Kar) 590
However, courts often consider the date of knowledge of death as the starting point for delay computation, especially if the applicant was unaware due to circumstances beyond control 2025 3 Supreme 79 1998 0 Supreme(Guj) 639
.
Section 5 allows condonation if '' is shown for the delay. Length isn't decisive; explanation matters. Courts emphasize: 'the words should be liberally construed to advance substantial justice' 1975 0 Supreme(SC) 126
Gigeo Real Estate, Through Its Prop. Chhaganlal Kunwarjbhai Patel VS Shakuntalala Prakash Choudhari - Consumer (2021)
2022 0 Supreme(MP) 455.For a 702-day delay:- Prove unawareness of death (e.g., no notice, logistical issues) 2025 3 Supreme 79 1998 0 Supreme(Guj) 639.- Show prompt action upon knowledge 1998 0 Supreme(Guj) 639
00200037843
2024 0 Supreme(J&K) 144.- Avoid negligence: 'Non explanation of the said period, is itself not sufficient to condone the delay at least from the date of the death...' 2018 0 Supreme(Gau) 602.In cases of ignorance or reasons, condonation is favored
. But negligence bars relief: 'Mere delay without a valid explanation or due to negligence is insufficient' 1981 0 Supreme(SC) 406 2022 0 Supreme(MP) 455.
Indian courts prioritize justice over technicalities. 'Courts adopt a liberal and pragmatic approach, considering the reasons for delay, the conduct of the parties, and whether there was negligence or reasons for delay' 1975 0 Supreme(SC) 126
Gigeo Real Estate, Through Its Prop. Chhaganlal Kunwarjbhai Patel VS Shakuntalala Prakash Choudhari - Consumer (2021)
2022 0 Supreme(MP) 455.Key precedents:- Duty of counsel to inform court of death; limitation from knowledge date 2025 3 Supreme 79.- Liberal condonation for unawareness 1998 0 Supreme(Guj) 639.- Pragmatic view for ignorance, difficulties
.
Even without prior abatement set-aside application, courts may allow participation in justice's interest 2010 0 Supreme(Mad) 504. However, applications without condonation delay are invalid: 'The ... have overlooked... by considering I.A.Nos. VI and VII, even when there was no application for the .' 2009 0 Supreme(Kar) 590
In extensive delays, explain from death date or knowledge date, backed by affidavits 2018 0 Supreme(Gau) 602.
Condonation isn't automatic:- Negligence or deliberate delay: Less inclined 1981 0 Supreme(SC) 406 2024 0 Supreme(J&K) 144.- No proof of lack of knowledge 2024 0 Supreme(AP) 1104 2024 0 Supreme(Guj) 1326.- Post-knowledge inaction: 'delay in not bringing the substitution application at least from the date of death i.e. to ...' 2018 0 Supreme(Gau) 602.
Equity yields to law: 'In case of conflict between the law and equity, it is the law which has to prevail.' 2009 0 Supreme(Kar) 590
To strengthen a for 702-day condonation:- File detailed affidavit on unawareness circumstances, knowledge date, and prompt action.- Attach evidence: death certificate, communication proofs, medical records for illness.- Emphasize no or negligence.- Invoke liberal precedents 1975 0 Supreme(SC) 126 1998 0 Supreme(Guj) 639.- If abatement set-aside needed, include condonation from 150 days post-death 2009 0 Supreme(Kar) 590.
Courts favor genuine cases: 'the primary criterion is the sufficiency of the cause, not the length of delay' 1975 0 Supreme(SC) 126
Gigeo Real Estate, Through Its Prop. Chhaganlal Kunwarjbhai Patel VS Shakuntalala Prakash Choudhari - Consumer (2021)
..
In summary, while challenging, courts may condone such delays if bona fides are proven, aligning with 'a flexible and justice-oriented approach.' 2025 3 Supreme 79 1998 0 Supreme(Guj) 639
. This underscores procedural fairness in civil suits.
Disclaimer: Legal outcomes vary by facts. This post references precedents like 2025 3 Supreme 79, 1998 0 Supreme(Guj) 639, etc., for informational purposes. Seek professional advice tailored to your situation.
#CondoneDelay #AbatementSuit #CPCOrder22
This Court is unable to understand how the learned trial Court has calculated 255 days delay in filing the application to set aside the abatement without mentioning the date of filing of application into the Court. ... No.1459 of 2024 to set aside the abatement under Oder 22 Rule 9 (2) CPC, and filed I.A. 1458 of 2024 on 05.07.2024 to condone the #HL_S....
It has observed that the date of death of the 1st defendant is 30.03.2019. The previous petition was filed on 12.09.2019. Excluding the period of 90 days from the date of death, an application should have been filed by the end of June 2019, but it was filed on 12.09.2019. ... On a specific query of the Court, learned counsel for the petitioner submits that the delay of ....
Undisputedly, the plaintiff-Bank had not moved any application for condonation of delay in filing the application, as defendant no.1 was stated to have died on 01.02.2002. 19. ... ’s suit was statutorily abated after six months from the date of death of defendant no.1 against him, as such, application for brining on record his legal heirs could not be....
The classic example is the difference in approach of courts to applications for condonation of delay in filing an appeal and applications for condonation of delay in refiling the appeal after rectification of defects. ... The courts tend to set aside abatement and decide the matter on merits, rather than terminate the appeal on the ground of abatement. (iii) The decisiv....
application and also for setting aside the abatement and condonation of delay in filing the setting aside abatement by filing I.A. ... In the peculiar circumstances, delay is condoned in filing the petition for setting aside the abatement and also setting aside the abatement of hei....
This application is filed under Section 5 and 14 of The Limitation Act, 1963 for condonation of delay of 1036 days in filing the revision petition. No reply to the same has been filed by the respondent. 5. ... The application for condonation of delay becomes inconsequential since the present revision petition raises a pure question of....
Heard on IA No. 1382 of 2014 which is an application for condonation of delay in filing the appeal under Section 5 of the Limitation Act, 1963. The delay is of 66 days. ... Thereafter application for setting aside the abatement of appeal is to be filed within 90 days and if the said application is not filed then application under Orde....
for condonation of delay in filing the application for bringing the legal representatives on record. ... IA No. 4 of 2021 is filed seeking to condone the delay of 3,066 days in filing the application for bringing on record the LRs. of deceased/appellant No. 1. IA No. 5 of 2021 is filed seeking to set aside the abatement caused due to the deat....
Undisputedly, defendant 3-Motilal Singh had died on 9.2.2016 and the application for substitution of legal representatives as well as application under Order 22 rule 9 CPC for setting aside abatement and for condonation of delay under section 5 of the Limitation Act were filed on 10.2.2017. ... The explanation offered with regard to the delay in moving the application u....
—The legal representatives of the deceased plaintiff No.8 (respondent No.8 in C.C.C.A.No.70 of 2018) have filed the present Interlocutory Application for condonation of delay of 992 days in bringing the said legal representatives on record and for setting aside the abatement caused due to the death of ... In essence, a suit or appeal should not be foreclosed for unintended lapses as there can be no presum....
From our limited experience on the bench of this Court, we have found it somewhat of a frequent occurrence that after abatement of the suit and after the 150th day of death, an application is filed for condonation of delay in filing the application for substitution but not an application seeking condonation of delay in filing the application for setting aside the abatement. The proper sequence to be followed, therefore, is an application for substitution within 90 days of dea....
If there is delay in bringing the legal representatives on record and consequently the suit abates, application can be preferred under O.XXII R. 9 to set aside abatement. If a party to the suit dies after the conclusion of hearing but before the pronouncement of judgment, under O.XXII R.6, the judgment can be pronounced, notwithstanding the death of the party and there shall be no abatement and the judgment shall have the same effect as if it was passed before the death took place. I....
Non explanation of the said period, is itself not sufficient to condone the delay at least from the date of the death of the appellant till the date of filing of the application for condonation. By way of the said objection, Ms. Bhattacharya submits that there is no explanation with regard to the causes as to why there was delay in not bringing the substitution application at least from the date of death i.e. 24.07.2002 to 22.12.2006 and also from 22.12.2006 to 20.01.2013.
Bagavathi Ammal, wherein this Court observing that action of the Court shall not prejudice any person, when the petition for condonation of delay has been filed, without filing an application for setting aside the abatement of the suit, has held as under:- "Action of the Court shall not prejudice any person. In the interest of justice, the parties are to be allowed in the participate proceedings. " Therefore, for the mistake committed by the Court, the parties should not suffer. Ther....
It is worthwhile to refer to para-9 of the Hon’ble Supreme Court’s judgment in the case of Union of India v. Ram Charan (supra). If the petitioners make an application for the condonation of delay, it is for the Trail Court to satisfy itself of the cause for the petitioners’ failure to apply for the impleadment of the legal representatives of the deceased first defendant and for setting aside the abatement within the time prescribed. If the petitioners now make an application for the....
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