Ajay Bani v. Ganesh Kumar
Case brief
What is this about?
In a writ petition challenging lower courts' orders rejecting an application for setting aside suit abatement and condoning delay, the high court held that technical rejections were unjust where the petitioners eventually provided sufficient grounds related to the death of the sole plaintiff and subsequent discovery of the suit's pendency. The impugned orders were set aside.
What did the court decide?
The orders dated 15-03-2016 and 18-01-2018 are set aside. Cost of Rs.1,000/- imposed on plaintiffs. Parties to appear before the civil court.