Procedural Mandates and Sufficient Cause for Condoning Delay in Setting Aside Abatement Under Order XXII CPC
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Case: BISHEN PRASAD TIWARI v. SHEELA DEVI
Court: Supreme Court of India
Date: 17-07-2026
Law: Code of Civil Procedure, Limitation Act.
Highlights of the Judgment:
- Mandatory requirement of filing a separate application under Section 5 of the Limitation Act, 1963 to condone delay beyond 150 days under Order XXII Rule 9 of the CPC.
- Interplay between Articles 120 and 121 of the Limitation Act regarding statutory periods for impleading legal representatives and setting aside abatement.
- Interpretation of "sufficient cause", balancing liberal procedural construction against substantive rights accrued to opposing litigants.
- Re-examination of precedents governing applicant negligence, diligence, and the scope of judicial discretion in setting aside abatement.
- Sustaining operative relief despite flawed High Court reasoning where bona fide cause is established on facts.