CPC — Order XXII Rule 10A — Delay in bringing legal representatives — Setting aside abatement — Where counsel merely informed death of party without furnishing particulars of legal representatives on whom right to sue survives, there is no proper compliance of Rule 10A — Such lapse contributes to delay in filing applications to set aside abatement — Delay in bringing legal representatives on record should be viewed with liberal and justice-oriented approach, particularly when initial delay is marginal and escalation is due to procedural lapses — Party cannot take advantage of its own default in not furnishing particulars — Dismissal of delay condonation petitions on technical grounds is unsustainable — Orders set aside and delay condoned — Civil Revision Petitions allowed.
(Paras 12 to 20, 23)
Friday, May 1, 2026
CPC — Order XXII Rule 10A — Delay in bringing legal representatives — Setting aside abatement — Where counsel merely informed death of party without furnishing particulars of legal representatives on whom right to sue survives, there is no proper compliance of Rule 10A — Such lapse contributes to delay in filing applications to set aside abatement — Delay in bringing legal representatives on record should be viewed with liberal and justice-oriented approach, particularly when initial delay is marginal and escalation is due to procedural lapses — Party cannot take advantage of its own default in not furnishing particulars — Dismissal of delay condonation petitions on technical grounds is unsustainable — Orders set aside and delay condoned — Civil Revision Petitions allowed. (Paras 12 to 20, 23)
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