Supreme Court · 2010 INSC 388 · Decided 8 July 2010
Balwant Singh (Dead) v. Jagdish Singh & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 388 · [2010] 8 S.C.R. 597
- Case number
- CIVIL APPEAL No. 1166/2006
- Decided
- 8 July 2010
- Bench
- B.S. CHAUHAN, SWATANTER KUMAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 22; Limitation Act Section 5
Headnote
Code of Civil Procedure, 1908 - Order 22, rules 3 and A B 9; s. 151 read with s.5 of Limitation Act, 1963 - Death of appellant during pendency of appeal before Supreme Court C - Application filed after long delay of 778 days for bringing the legal representatives of deceased appellant on record of delay - Held: Such applications cannot be allowed as a matter of right and even in a routine manner - They should be rejected unless D sufficient cause is shown for condonation of delay- On facts, except for a vague averment that the legal representatives were not aware of the pendency
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