JYOTI PRASAD DECEASED THR LRS vs EAST END ENTERPRISES & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 13.11.2025 Judgment pronounced on: 17.11.2025 + FAO 72/2023 JYOTI PRASAD DECEASED THR LRS .....Appellants Through: Mr. Radhey Shyam Soni with Mr. Abhijeet Soni, Advocates. Versus EAST END ENTERPRISES & ORS. .....Respondents Through: Mr. Ravi Sabharwal, Advocate for R-3. Mr. Anil Kumar Batra, Ms. Shashi Bala and Mr. Dhuruv Kumar, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. The present appeal arises out of the order dated 01.12.2022passed by the Additional District Judge, Shahdara, Karkardooma Courts, in Civil Suit No. 189/2013 titled as “Jyoti Prasad v. East End Enterprises & Ors.”, Signature Not Verified FAO 72/2023 Page 1 of 11 Signed By:RAJ BALA Signing Date:17.11.2025 17:41:01 whereby the appellants’ application under Section 5 of the Limitation Act, 1963 (the Act) seeking condonation of delay, and the accompanying application under Order XXII Rules 3 and 9 read with Section 151 of the Civil Procedure Code, 1908 (the CPC) seeking setting aside of abatement and substitution of legal representatives (LRs) were dismissed. 2. The suit was instituted in 2013 by late Shri Jyoti Prasad, the plaintiff, relating to the death of his son, daughter-in-law, and their two minor children. The family died in an incident involving gas leakage shortly after the delivery of an LPG cylinder. Compensation was claimed on the premise that the deaths were attributable to negligence on the part of the respondents. 3. During the pendency of the suit, on 19.11.2016 the sole plaintiff, passed away on 19.11.2016, leaving behind two legal heirs—Jagroshan Verma (son) and Beena Verma (daughter), who are the appellants herein. 4. No application for substitution of LRs was f