Harjit Singh Tirathsingh Sawhney v. Sardar Karamsingh Sardar Jagatsingh Died through Lrs Sardar Abchalnagarsingh and Ors.

Bombay HC4 Jul 2025CA/2287/2019

Case brief

AI extract

What is this about?

Bombay High Court, Aurangabad Bench; substitution of legal heirs of deceased respondent; abatement set aside; delay condoned in absence of specific prayers; Order 22 Rule 10 CPC; necessary parties; cause of action survives; party in person; CA 2287/2019 in CA 4017/2018; CA 5382/2019; deceased Respondent No.6 Sardar Nanaksingh Sardar Karamsingh; decided 4 July 2025 by Shailesh P. Brahme, J.

What did the court decide?

Delay for setting aside abatement and bringing heirs of Respondent No.6 on record condoned; abatement set aside; applicants permitted to bring heirs of Respondent No.6/Sardar Nanaksingh Sardar Karamsingh on record. ¶¶16

Harjit Singh Tirathsingh Sawhney Vs Sardar Karamsingh Sardar Jagatsingh Died through Lrs Sardar Abchalnagarsingh and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶16

Issue for consideration

Whether the heirs of deceased Respondent No.6 (Sardar Nanaksingh Sardar Karamsingh, who died on 23.09.2024) can be brought on record and the resulting abatement set aside. +1 more

¶¶13

Court's answer

Both civil applications are allowed; the delay for setting aside abatement and for bringing the heirs of Respondent No.6 on record is condoned.

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Ratio / Principle

Although the applications contained no prayers for condonation of delay or setting aside abatement, the heirs shown in the cause title of Respondent No.6 are necessary parties and the cause of action survives against them; the averments of the application were not controverted, and the Court adopted a practical approach in allowing the applications.

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Key takeaways

The abatement is set aside and the applicants are permitted to bring the heirs of Respondent No.6/Sardar Nanaksingh Sardar Karamsingh on record.ratio¶¶16

Detailed headnote1 paragraphs

Civil Application No. 2287 of 2019 in CA/4017/2018 (with Civil Application No. 5382 of 2019 in CA/2287/2019), High Court of Judicature at Bombay, Bench at Aurangabad (Shailesh P. Brahme, J., 4 July 2025): The applicant, appearing in person, sought to bring the heirs of Respondent No.6, Sardar Nanaksingh Sardar Karamsingh (who died on 23.09.2024), on record, noting that the respondents had not informed of the death and that no recourse was taken to Order 22 Rule 10 of C.P.C. Although the applications contained no prayers for condonation of delay or for setting aside abatement, the Court held that the heirs shown in the cause title of Respondent No.6 are necessary parties, that the cause of action survives against them, and that the averments stood uncontroverted; adopting a practical approach, the Court allowed the civil applications, condoned the delay, set aside the abatement, and permitted the applicants to bring the heirs of Respondent No.6 on record.

Harjit Singh Tirathsingh Sawhney v. Sardar Karamsingh Sardar Jagatsingh Died through Lrs Sardar Abchalnagarsingh and Ors.

Case brief

What is this about?

What did the court decide?

Harjit Singh Tirathsingh Sawhney v. Sardar Karamsingh Sardar Jagatsingh Died through Lrs Sardar Abchalnagarsingh and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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