2008 (7) TMI 1089

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....for substitution, were rejected. 2. From the pleadings, it is apparent that the petitioners have filed T.S. No. 213 of 1998 before the learned Civil Judge (Jr. Divn.), Puri praying, inter alia, for declaration of right, title and interest in respect of the suit schedule properties. It appears that Defendant No. 1-Chintamani Mohapatra died on 25.9.99 after his appearance in the suit. The plaintiff-petitioners had filed a petition under Order 1, Rule-10 CPC for impleading the legal heirs of the deceased-Defendant No. 1 and that application came to be rejected by the Civil Judge by his order dated 16.9.2004, on the ground that since the Civil Procedure Code under Order 22 provides for the steps to be taken when a party dies during the pendenc....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....173/1990 : 1991 (1) OLR 214 as well as in the case of Gopal Krushna Mohapatra v. Canara Bank 2002 (1) OLR 220. Placing reliance on the aforesaid judgments, learned Counsel for the petitioners submitted that the trial Court has taken a hyper-technical consideration of the facts of the case and by rejecting the petitions filed by the plaintiffs, amount to failure to render "substantial justice". 4. Learned Counsel for the Opp. parties (defendants before the trial Court), on the other hand, strenuously argued that the factum of death of Defendant No. 1 on 25.9.1999 had been indicated by the defendants in paragraph-6 of their written statement filed on 12.10.1999. He further submitted that once the fact of demise of Defendant No. 1 o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....edantic technical manner, thereby, causing disservice to the interest of the litigants as well as the Courts. I reiterate herein that the expression "sufficient cause" as contained in Section 5 of the Limitation Act, 1963 while being held to be widely elastic, the intent behind it, is to enable the Courts to apply law in a meaningful manner which subserves the ends of justice and that remains the life purpose for the existence of the institution of Courts. 7. The Hon'ble Supreme Court in the aforesaid judgment has laid down the manner in which jurisdiction in such matters should be exercised and I quote the same herein below: (1) Ordinarily a litigant does not stand to benefit by lodging an appeal late. (2) Refusing to co....