Kunche Venkata Lakshmi v. Pinepe Malamma
Case brief
What is this about?
Condonation of delay; setting aside abatement; impleading legal representatives of deceased defendants; Order XXII Rule 10A CPC; memo merely informing death insufficient without particulars of persons on whom and against whom right to sue survives; defendants cannot take advantage of delay caused by own counsel's default; substantial justice over procedural technicality; pragmatic and liberal approach in adding LRs; Article 227 Andhra Pradesh High Court at Amaravati; O.S.No.143 of 2008 II Additional Senior Civil Judge Rajamahendravaram; delay of 242/263 days escalated to 1946/2698 days; Binod Pathak v. Shankar Choudary 2025 Supreme(SC) 1060.
What did the court decide?
Civil Revision Petitions allowed and the impugned orders set aside; consequently, all the delay-condonation, set-aside-abatement and impleadment petitions covered under the impugned orders are allowed; the plaintiff is to also include the legal representatives of deceased defendant no.1 referred to in the counter filed by defendant nos. 9 and 10; the learned trial Judge is to endeavour to dispose of the suit at the earliest; no order as to costs; pending miscellaneous petitions stand closed.