Issue
Facts
Reasoning
Decision
Ram Ravalu Gavade
v.
Sataba Gavadu Gavade (dead) Through Lrs
(Supreme Court Of India)
Civil Appeal No. 15085 Of 1996 (Special Leave Petition (Civil) No. 16255 Of 1996) | 18-11-1996
K. Ramaswamy, J.
1. Delay condoned.Leave granted.
2. We have heard learned Counsel on both sides.
This appeal by special leave arises from the judgment of the High Court of Bombay, made on December 8, 1994 dismissing the Civil Revision No. 632/91.
3. The admitted position is that the uncle of the petitioner died pending Regular Civil Suit No. 51/65 in the Court of the Civil Judge, Senior Division, Chandgad. Since he died pending appeal, it was dismissed on August 4, 1967 as having abated. In Civil Revision No. 632/91 by order dated December 8, 1994, the High Court dismissed the same. The application was filed for bringing the Legal Representatives on record which was also dismissed as no proper explanation for condoning the delay was given. Thus, this appeal by special leave.
4. In view of the fact that the appellant is an illiterate farmer, the appropriate steps should have been taken by the counsel for the appellant on proper advice. In view of the fact that the counsel has not properly advised the appellant to take necessary steps, delay had occasioned. The High Court, therefore, was not right in refusing to condone the delay. It is brought to our notice that no application has been filed for setting aside the abatement and the appeal also stands abated. In view of the fact that the delay now stands condoned the abatement also stands set aside.
5. The appeal is accordingly allowed. The appellate Court is directed to dispose of the appeal on merits within a period of six months from the date of the receipt of the order. No costs.
6. Appeal allowed.
1. Delay condoned.Leave granted.
2. We have heard learned Counsel on both sides.
This appeal by special leave arises from the judgment of the High Court of Bombay, made on December 8, 1994 dismissing the Civil Revision No. 632/91.
3. The admitted position is that the uncle of the petitioner died pending Regular Civil Suit No. 51/65 in the Court of the Civil Judge, Senior Division, Chandgad. Since he died pending appeal, it was dismissed on August 4, 1967 as having abated. In Civil Revision No. 632/91 by order dated December 8, 1994, the High Court dismissed the same. The application was filed for bringing the Legal Representatives on record which was also dismissed as no proper explanation for condoning the delay was given. Thus, this appeal by special leave.
4. In view of the fact that the appellant is an illiterate farmer, the appropriate steps should have been taken by the counsel for the appellant on proper advice. In view of the fact that the counsel has not properly advised the appellant to take necessary steps, delay had occasioned. The High Court, therefore, was not right in refusing to condone the delay. It is brought to our notice that no application has been filed for setting aside the abatement and the appeal also stands abated. In view of the fact that the delay now stands condoned the abatement also stands set aside.
5. The appeal is accordingly allowed. The appellate Court is directed to dispose of the appeal on merits within a period of six months from the date of the receipt of the order. No costs.
6. Appeal allowed.
Advocates List
For the Appellant Mr. A.S. Bhasme, Advocate. For the Respondents Mr. V.B. Joshi, Mr. Alok Singh and Mr. Umesh Bhagwat, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE K. RAMASWAMY
HON'BLE MR. JUSTICE G.B. PATTANAIK
Eq Citation
(1997) 1 SCC 261
1997 -2-LW 537
1998 (1) CTC 500
1997 (2) PLJR 14
1997 (2) RCR (CIVIL) 34
[1996] (SUPPL.) 8 SCR 740
1996 (8) SCALE 697
LQ/SC/1996/1946
HeadNote
— Civil Procedure Code, 1908 — S. 109 — Abatement of appeal — Death of appellant — Proper steps not taken by counsel — Appellant illiterate farmer — Held, delay in bringing LRs on record condoned — Abatement of appeal also set aside — Civil Procedure Code, 1908, S. 116 (Para 4)
Thank you for subscribing! Please check your inbox to opt-in.
Oh no, error happened! Please check the email address and/or try again.
Deleting Note..
Are you sure you want to move this note to trash?
