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1 - 10 of 23 (0.38 seconds)The Code of Civil Procedure, 1908
Section 9A in The Code of Civil Procedure, 1908 [Entire Act]
Mithailal Dalsangar Singh And Ors vs Annabai Devram Kini And Ors on 16 September, 2003
30. Articles 120 and 121 of the Limitation Act, 1963 provide for a
period of 90 days from the date of death of the party in question for
an application to be made to have the legal representative brought on
record, and for a period of 60 days from the date of abatement to
have it set aside. Gopal Raheja died on 18th March 2014. The 90 day
period expired on 18th June 2014. This Chamber Summons was
filed on 18th July 2014. The delay therefore is, Mr. Kapadia says, of
about 30 days. As we have seen, Sonali says that the delay was
15
Mithailal Dalsangar Singh & Ors. v Annabai Devram Kini & Ors., (2003)
10 SCC 691
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CHS 708-2014 S-2363-2012 ARORA V RAHEJA-F.DOC
because settlement talks were going on. In the reply, it is pointed out
that in fact Sonali was abroad for several weeks. In rejoinder, Sonali
says that this is indeed so, but that she went to see her son, whom
she had not met for a long time since she was looking after her ailing
father. Whatever be the circumstances, I do not believe that this
delay is so inexplicable that it cannot be condoned.