Kunche Venkata Lakshmi v. Pinepe Malamma
Case brief
What is this about?
Condonation of delay; setting aside abatement; impleadment of legal representatives of deceased defendants; Order XXII Rule 10A CPC; memo of death insufficient without particulars of persons on whom right to sue survives; substantial justice over technicality; defendants cannot benefit from own counsel's default; Article 227; Andhra Pradesh High Court at Amaravati; Binod Pathak v. Shankar Choudary (2025 Supreme(SC) 1060); O.S.No.143 of 2008; II Additional Senior Civil Judge, Rajamahendravaram; delay of 1946 and 2698 days condoned.
What did the court decide?
Civil Revision Petitions allowed and the impugned common order dated 24.08.2023 set aside; all delay-condonation, set-aside-of-abatement and impleadment petitions covered by the impugned orders allowed; plaintiff directed to include the legal representatives of deceased defendant no.1 referred to in the counter of defendant nos. 9 and 10; trial court to endeavour to dispose of the suit at the earliest; no order as to costs; pending miscellaneous petitions closed.