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.