Supreme Court of India · 1996-01-25
STATE OF M.P. vs S.S.AKOLKAR
- Citation / case number
- SC 1985/66353
- Court
- Supreme Court of India
- Petitioner
- STATE OF M.P.
- Respondent
- S.S.AKOLKAR
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the High Court's refusal to condone the delay in substituting legal representatives under Order 22, Rule 4 of the CPC was unjustified. The Court emphasized that the delay for substitution begins from the date of knowledge of the death of a party, and the counsel had informed the court of the death on March 16, 1983. The Court found that the respondent's counsel acted with diligence in preparing and filing the application, thus allowing the appeal and setting aside the High Court's order.