Madhya Pradesh High Court
Vishnu Kumar Saraswat vs Scindia Devasthan Trust Thr. on 9 March, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
SA-51-2015
(VISHNU KUMAR SARASWAT AND OTHERS VS. SCINDIA DEVASTHAN TRUST THR. AND
OTHERS)
Gwalior, Dated : 09/03/2021
Shri Abhishek Singh Bhadauriya, learned counsel for the
appellants.
Shri Ankur Modi, learned counsel for the respondent No.1.
Heard on I.A.No.3612/2020, an application under Order 22 Rule 3 C.P.C.
I.A.No.3613/2020, an application under Order 22 Rule 9 C.P.C. read with Section 5 of Limitation Act.
It is submitted by the counsel for the appellants that the appellant No.1 Vishnu Kumar Saraswat has expired on 04/10/2019. However, the appellants No.2 and 3 did not contact the counsel because of Lockdown from the month of March, 2020 and when the case was listed on 05/12/2020, the counsel for the appellants enquired about the status of the parties, then he came to know that the appellant No.1 has expired. It is submitted that in view of the Lockdown, the application could not be filed within time and accordingly, the delay in filing the application under Order 22 Rule 9 of C.P.C. may be condoned and the abatement of the appeal may also be set aside.
The counsel for the respondent has vehemently opposed the prayer for condonation of delay as well as for setting aside the 2 THE HIGH COURT OF MADHYA PRADESH SA-51-2015 (VISHNU KUMAR SARASWAT AND OTHERS VS. SCINDIA DEVASTHAN TRUST THR. AND OTHERS) abatement.
However, looking to the fact that the appellant No.1 has expired on 04/10/2019 and Lockdown was imposed with effect from 24/03/2020 and the appellants No.1 to 3 are tenants, the application is allowed.
The delay in filing the application under Order 22 Rule 9 of C.P.C. is hereby condoned.
Similarly, the abatement of the appeal is also hereby set aside. Accordingly, I.A.No.3613/2020 is allowed. Consequently, I.A.No.3612/2020, an application under Order 22 Rule 3 of C.P.C. is also allowed.
The legal representatives of appellant No.1 are brought on record.
Let the necessary amendment be carried out within three working days.
The undertaking given by Shri Modi on behalf of the respondent/plaintiff on 10/12/2020 is further extended till 17/03/2021.
List on 16/03/2021.
(G.S. Ahluwalia)
Pj'S/- Judge
PRINCEE BARAIYA
2021.03.10
16:58:32 -08'00'