2012 AIR CC 1729 (KAR) ::2012 (2) AIR Kar R 645 ::(2013) 1 ICC 208 ::(2012) 4 KCCR 3589

Karnataka High Court

Hon'ble Judge(s): Vikramajit Sen, Actg. C.J., B. V. Nagarathna , JJ

( A ) Civil Procedure Code (5 of 1908) O. 22 , R. 11 — Limitation Act (36 of 1963), S. 5 — Abatement of appeal for non-substitution of legal heirs — Delay in filing application for substitution of legal heirs Application for condonation of delay — No sufficient cause for delay — Delay in filing substitution application, not condoned — Appeal held abated for non-substitution of legal heirs. (Paras567)

( B ) Limitation Act (36 of 1963) S. 5 — Civil P. C. (5 of 1908), O. 22, R. 4 — Karnataka Scheduled Caste and Scheduled Tribe (Prohibition of Transfer of Certain Lands) Act (2 of 1979), S. 4 — Delay in filing substitution application — Application for condonation — Dismissal — Plea that dispute revolves around immovable property where delay can be condoned by imposing cost — However, issues were for consideration under 1978 Act where violation of grant etc. not called for any pardon — Imposing cost in such case would defeat statute itself — Order dismissing condonation application, thus proper. (Paras6)