Supreme Court of India · 2010-07-08
Balwant Singh (Dead) vs Jagdish Singh & Ors
- Citation / case number
- AIR 2010 SUPREME COURT 3043
- Court
- Supreme Court of India
- Petitioner
- Balwant Singh (Dead)
- Respondent
- Jagdish Singh & Ors
- Author
- Swatanter Kumar
- Bench
- B.S. Chauhan, Swatanter Kumar
Judgment text excerpt
The Supreme Court addressed the issue of delay in bringing legal representatives on record following the death of the appellant, emphasizing the necessity of demonstrating sufficient cause for such delay under Order 22 Rule 3 CPC and Section 5 of the Limitation Act, 1962. The Court noted a significant delay of 778 days and found the explanations provided by the applicant inadequate, leading to the dismissal of the application for condonation of delay. Consequently, the appeal was deemed to have abated due to the failure to substitute the deceased appellant's legal heirs in a timely manner.