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july 2008

Supreme Court of India · 2008-07-11

Perumon Bhagvathy Devaswom Perinadu ... vs Bhargavi Amma (D) Thr. Lrs

Citation / case number
AIR 2009 SC (SUPP) 886
Court
Supreme Court of India
Petitioner
Perumon Bhagvathy Devaswom Perinadu ...
Respondent
Bhargavi Amma (D) Thr. Lrs
Author
R.V.Raveendran
Bench
Lokeshwar Singh Panta, R. V. Raveendran

Judgment text excerpt

The Supreme Court addressed the issue of delay in filing applications to set aside the abatement of an appeal under Order 22 of the Code of Civil Procedure (CPC). The Court emphasized that the High Court's dismissal of the applications for condonation of delay and setting aside abatement was erroneous, as the appellant provided a satisfactory explanation for the delay due to circumstances beyond its control. The Court held that the right to sue survived despite the death of the sole plaintiff, and thus the appeal should not have abated, allowing the legal representatives to be brought on record.

Perumon Bhagvathy Devaswom Perinadu ... vs Bhargavi Amma (D) Thr. Lrs · Niyam