The court rejected an application seeking condonation of delay in substituting deceased respondents with their legal representatives because the pleadings failed to mention the number of days of delay, preventing the court from ascertaining sufficient cause.
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6-CAW-1175-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
CIVIL APPLICATION NO. 1175 OF 2021 IN WRIT PETITION NO. 369 OF 2019
(Shri Radheyshyam s/o Rajaram Paliwal Vs. Smt. Neela Prabhubhai Rathore & Ors.)
Office Notes, Office Memoranda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Mr. V.K. Paliwal, Counsel for the applicant/petitioner. Mr. Onkar Ghare h/f Mr. A.M. Ghare, Counsel for respondent nos. 3, 6, 9 and 10.
CORAM : ANIL L. PANSARE, J. DECEMBER 19, 2024
By present application, the applicant is seeking to condone delay in filing application for substituting the names of deceased respondent nos. 7, 8 and 11 with their legal representatives. The number of days of delay, however, has been not mentioned in the pleadings as well as prayer. Thus, it is not known as to how much is the delay and in turn the Court is not in position to ascertain whether sufficient cause is shown to condone the delay. The casual approach is deprecated.
2] The application is rejected.
CIVIL APPLICATION NO. 1455 OF 2020
(ANIL L. PANSARE, J.)
Sumit
1 issue framed by the court
Whether sufficient cause is shown to condone delay in substituting names of deceased respondents with legal representatives?
Shri Radheyshyam s/o Rajaram Paliwal
Smt. Neela Prabhubhai Rathore & Ors.
ANIL L. PANSARE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
