Condonation of delay and impleadment of legal representatives turn on sufficient cause and estate representation under succession law.

Delay in filing an application to implead legal representatives may be condoned under Section 5 of the Limitation Act when sufficient cause is shown, including where the applicant acted promptly after obtaining heir details and the COVID-19 exclusion period affected limitation. A legal representative under Section 2(11) of the CPC is a person who represents the deceased's estate; a widow, as a Class I heir under the Hindu Succession Act, can be impleaded on that basis. The commentary notes that such impleadment may proceed even where related allegations, including alleged fraudulent transactions, are to be examined later.

---

---

Issues: (i) Whether the delay in filing the application for impleadment of the legal representatives of the deceased respondent could be condoned. (ii) Whether the widow and sons of the deceased respondent were liable to be brought on record as his legal representatives.

Issue (i): Whether the delay in filing the application for impleadment of the legal representatives of the deceased respondent could be condoned.

Analysis: The period for bringing legal representatives on record is governed by Article 120 of the Limitation Act, 1963, while Section 5 of the Limitation Act, 1963 permits admission of an application beyond the prescribed period on sufficient cause being shown. The Tribunal noted the death of the respondent, the subsequent steps taken by the appellant to obtain details of the legal heirs, and the effect of the Supreme Court orders excluding the COVID-19 period for limitation. On the facts, the application seeking particulars of the legal heirs had remained pending and the impleadment application was filed promptly after the information was supplied.

Conclusion: The delay, if any, was sufficiently explained and stood condoned in favour of the appellant.

Issue (ii): Whether the widow and sons of the deceased respondent were liable to be brought on record as his legal representatives.

Analysis: Under Section 2(11) of the Code of Civil Procedure, 1908, a legal representative includes a person who in law represents the estate of the deceased. The Tribunal held that the widow represents the estate as a class I heir under Section 8 of the Hindu Succession Act, 1956, and that the effect of the alleged fraudulent transactions could be examined after impleadment. The sons were already on record and were treated as legal representatives as well.

Conclusion: The widow and sons were held to be proper legal representatives and were ordered to be impleaded.

Final Conclusion: Both interlocutory applications were accepted, the delay objection was rejected, and the amended memo of parties was taken on record with the legal representatives brought on the record.

Ratio Decidendi: A legal representative is any person who represents the estate of the deceased, and a widow as a class I heir may be impleaded as such; where the limitation period is affected by binding exclusion orders and sufficient cause is shown, delay in impleading legal representatives can be condoned.

---