Shankar Shaw v. Nani Gopal Dey
Case brief
What is this about?
Condonation of delay; substitution of legal representatives/heirs of deceased plaintiff; Section 5 of the Limitation Act; oral prayer sufficient for condoning delay; exclusion of COVID-pandemic period per Apex Court order; two-day delay; Title Suit No.669 of 2018; Civil Judge (Junior Division) 2nd Court Alipore; petitioner/defendant objection; substituted heirs' participation conditioned on filing and regularization of condonation application; revisional application (CO) disposed of; impugned order upheld/not interfered with; parties: Sri Shankar Shaw (petitioner) vs Sri Nani Gopal Dey (respondent); advocates for petitioner: Neil Basu, Rahul Kumar Singh, Sankha Biswas.
What did the court decide?
The impugned order was left intact (not interfered with); the substituted heirs were permitted to participate in the proceedings provided the application for condonation of delay is filed and regularized by the trial court on the basis of the May 3, 2023 order.