Sukhdev Raj Arora (Since Deceased) vs M.K. Bhargava (Since Deceased Through ... on 28 March, 2025
In Deepak Verma Vs Daya Nand (supra), the
relevant observations in para nos. 16 and 17 are reproduced as
follows:-
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Deepak Verma vs Daya Nand on 1 July, 2019
Raj Kishan Chabra (Since Deceased) ... vs Bharat Kalra And Ors on 30 September, 2024
5. Reliance has been placed on Union of India vs. Ram Charan & Ors, AIR
1964 SC 215; DSGMC vs. Jagmohan Singh & Ors, 286 (2022) DLT 3; Deepak
Verma vs. Daya Nand, 2019:DHC:3103 and Bir Randhir Singh vs. Kartar Singh,
50(1993) DLT 419.
Jabbar Singh And Ors vs Smt.Laxmi Devi And Anr on 28 March, 2023
Article 120 of the Limitation Act, 1963 provides for a
limitation of 90 days for filing of an application for substitution of
the legal representatives of a deceased plaintiff/defendant. The
question as to when the limitation as provided under Article 120 of
the Limitation Act would begin to run and what would be the effect
(Downloaded on 04/04/2023 at 08:23:52 PM)
(3 of 5) [CFA-249/2009]
of Order XXII Rule 10A, CPC for the purposes of limitation was
under consideration by the Hon'ble Delhi High Court in the case of
Deepak Verma vs. Daya Nand; C.R.P. 183/2018 & CM APPL.
35871/2018 decided on 01.07.2019, wherein it was held as
under
"16. Although the CPC does not expressly provide for
the consequences of non-compliance with Order XXII
Rule 10 A of the CPC, at the very least, it is a factor
to be taken into account while deciding whether or
not delay in filing an application for setting aside
abatement is justified. The provision does not,
however, automatically extend the period of
limitation provided under Articles 120 and 121 of the
Limitation Act, 1963.
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