Bombay High Court

THE STATE OF MAHARASHTRA THRO.SPL.L.A.O..versusHANSABAI RAMJAN and ANOTHER.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The delay was not deliberate, so it was condoned; the abatement was set aside and the legal representatives of the deceased claimant were allowed to be added to the case.

Summary

The State of Maharashtra filed a civil application seeking condonation of a 5,751‑day delay in bringing the legal representatives of the deceased claimant, Hansabai Tadavi, on record and to set aside the abatement of the suit. The court noted the substantial delay but accepted the State’s explanation that it was unaware of the claimant’s death and that the delay was not deliberate. Accordingly, the court condoned the delay, set aside the abatement, and permitted the legal representatives of the deceased claimant to be added to the proceedings. The court also directed the Principal District Judge of Jalgaon to serve notice to the proposed representatives and to report back. The application was therefore disposed of in favour of the State.

Issues considered

Whether a delay of 5,751 days in filing an application for condonation can be condoned.
Whether the abatement of the suit should be set aside on the ground of the delay.
Whether the legal representatives of a deceased claimant may be brought on record after such delay.

Subjects

condonation of delay
abatement
legal representatives
Civil Procedure Code
court order

Judgment

                                       1                           21 fa.124.06.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                    21 FIRST APPEAL NO. 124 OF 2006

           THE STATE OF MAHARASHTRA THRO. SPL.L.A.O.
                                  VERSUS
                        MORASINGH PARSHURAM
                                     ...
AGP for Appellant / State : Ms. Anuradha. S. Mantri.
Advocate for Respondent : Mr. Y. L. Bidve, h/f Mr. A. R. Rathod.
                                     ...

                                 WITH
                  CIVIL APPLICATION NO. 11980 OF 2009
                             IN FA/125/2006
                                 WITH
                     FIRST APPEAL NO. 125 OF 2006
                                 WITH
                     FIRST APPEAL NO. 126 OF 2006
                                   ...


                                CORAM : SANJAY A. DESHMUKH, J.
                                DATE       :   09th March, 2026.

P.C.:

CIVIL APPLICATION NO. 11980 OF 2009

1       This application is filed for condonation of delay, setting aside
abatement and permission to bring the legal representatives of
deceased claimant Hansabai Tadavi on record.


2       Perused the application. There is delay of 5751 days caused in
filing this application.


3       The applicant is the State Government.            There was no
knowledge as to the death of claimant Hansabai. Therefore, it would
be proper to condone the delay in the interest of justice a the delay is
not deliberately caused
                                            2                            21 fa.124.06.odt




      4       For the reasons stated in the application, the application
      deserves to be allowed as the delay is not caused deliberately and
      intentionally. Hence, the delay is condoned. Abatement is set aside.
      Permission is granted to bring the legal representatives of deceased
      claimant Hansabai Tadavi on record. The learned AGP submits that
      the legal representatives of respondent No.3.6 (claimant Hansabai
      Tadavi) are already on record. However, the learned AGP is directed
      to bracket the name of respondent No.3.6 (claimant Hansabai Tadavi),
      forthwith. The civil application stands disposed of.


      IN FA/125/2006

      5       Issue notice to the added respondents i.e. proposed legal
      representatives of claimant Hansabai Tadavi, returnable on 18th March,
      2026.


      6       The learned Principal District Judge, Jalgaon, is directed to
      serve the notice on the added respondents i.e. proposed legal
      representatives of claimant Hansabai Tadavi, as expeditiously as
      possible, and report to this Court on the next date.


      7       The learned Registrar (Judicial) of this Court to communicate
      this order to the concerned learned Principal District Judge, forthwith.



                                            [ SANJAY A. DESHMUKH, J. ]
nga

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