Chattisgarh High Court
Lalmuni vs Sahaudra Bai on 30 March, 2026
SOURABH
BHILWAR
1
Digitally signed by
SOURABH
BHILWAR
Date: 2026.03.30
17:10:11 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
SA No. 21 of 2017
Lalmuni versus Sahaudra Bai
Order on Board
30/03/2026
Mr. J.K. Saxena, Advocate for the appellants.
Mr. G.L. Uike, Advocate for respondents No.1 to 8 &
11 and for LRs of respondents No.9 & 10. Mr. Santosh Soni, Govt. Advocate for the State. Heard on I.A. No.02/2025, application under Order 22 Rule 4 CPC for bringing legal representatives of deceased respondents No.9 & 10 (Budhani and Kishun Ram respectively) on record.
Also heard on I.A. No.03/2025, application under Order 22 Rule 9 of CPC for setting aside the abatement and I.A. No.04/2025, application filed under Section 5 of the Limitation Act for condonation of delay in filing the application for bringing the legal representatives of 2 the deceased respondents on record. Learned counsel for the appellants would submit that though the respondent No.9 has died in the month of March, 2021 and respondent No.10 has died on 06/09/2017, the applications for bringing their LRs could not be filed earlier due to bona fide reasons, as the appellants were not having knowledge about the demise of the said respondents.
On the other hand, learned counsel for the respondents, opposing the aforesaid applications, submits that the explanation given by the appellants for the delay in filing the applications is not sufficient, and therefore, the same deserve to be rejected. I have heard learned counsel for the parties and perused the applications I.A. Nos. 2, 3 & 4. Upon perusal of the said applications, it appears that a proper and satisfactory explanation has been assigned by the appellants for the delay in filing the same.
3
In view of the above and upon due consideration, particularly looking to the reasons mentioned in the applications I.A. Nos. 2, 3 & 4, the same are allowed. Learned counsel for the appellants is permitted to make necessary amendment in the cause title of the memo of appeal and the amended cause title shall also be filed within a period of ten days. List this case for admission on 15/04/2026.
Sd/-
(BIBHU DATTA GURU) Judge $. Bhilwar