Madan Lal Modi (Abated) through Legal Representatives 1(A) Hari Prasad Modi (Dead) through Lrs. v. Raj Kumar Modi
Case brief
What is this about?
Partition suit Korba; joint Hindu family coparcenary; firm Dhanraj-Dwarikadas; arbitration award 21-12-1963 cancelled 1966, revision dismissed 1967; abatement under Order 22 Rule 3/Rule 9 CPC; impleadment under Order 1 Rule 10 CPC; maintainability of appeal under Section 96 CPC vis-a-vis Order 43 Rule 1(k) CPC; condonation of delay under Section 5 Limitation Act; 1339 days delay condoned; Pankajbhai Ramesh Bhari Zalavadiya (2017) 9 SCC 700 relied on; Manglu Ram Dewangan distinguished; suit remanded for fresh decision; FA No. 206 of 2019; FA No. 3 of 2023; High Court of Chhattisgarh.
What did the court decide?
First Appeal No. 3 of 2023 allowed; judgment and decree dated 14-12-2018 set aside and Civil Suit No. 7-A/2014 remitted to the trial court with directions to permit the appellants to join as legal representatives of deceased Madanlal and contest the suit afresh; First Appeal No. 206 of 2019 disposed of in terms of the judgment and decree passed in Appeal No. 3 of 2023; no order as to costs; Registry directed to scan the records before sending them back to the trial court.