Md. Murad Iman and 5 Ors. v. Md. Suleman Sheikh and 8 Ors.
Case brief
What is this about?
Gauhati High Court order on abatement, substitution of legal representatives and condonation of delay in a pending appeal; Order XXII CPC continuation of suit; Order I Rule 10 CPC addition of parties; legal heirs substituted as Appellant Nos. 1.1-1.5 and Respondent Nos. 1.1-1.4, 3.1-3.4, 5.1-5.4; daughters of deceased appellant added; Supreme Court order exempting period of limitation relied upon; fresh memo of parties directed within 7 days; parties Multan Sheikh family v. Sultan Sheikh family, Lakhimpur/ Bihpuria.
What did the court decide?
All interlocutory applications allowed/disposed: condonation of delays (136 days re Respondent No. 3; delay assessed at about one year, 1826 days sought, re Appellant No. 1; 392 days re Respondent No. 5); setting aside of abatements of Appellant No. 1 and Respondent Nos. 1, 3 and 5; substitution of legal representatives arrayed as Respondent Nos. 3.1-3.4, Appellant Nos. 1.1-1.5, Respondent Nos. 1.1-1.4 and Respondent Nos. 5.1-5.4; addition of the daughters of deceased Appellant No. 6 as Appellant Nos. 6.1-6.4 under Order I Rule 10 of the Code; appellants' counsel directed to file a fresh memo of parties within 7 days for updating the Cause Title and CIS.