Lalmuni vs Sahaudra Bai
2026 Latest Caselaw 1139 Chatt

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

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.

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