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1980 DIGILAW 257 (SC)

Asharfi v. Jaipal Singh

1980-05-05

E.S.VENKATARAMIAH, P.N.BHAGWATI

body1980
ORDER : This appeal by special leave is directed against an order passed by the High Court dismissing the second appeal of the appellants as having abated on the ground that respondent No. 1 died and his legal representatives were not brought on record within time. It appears from the record that the appellant had made an application for setting aside the abatement and condoning the delay in filing the application for bringing the legal representatives of respondent No. 1 on record. But this application does not seem to have been considered by the High Court before dismissing the appeal as having abated. The order passed by the High Court must, therefore, be set aside and the matter should be sent back to the High Court, so that the High Court may consider the application for setting aside the abatement and condoning of the delay in bringing the legal representative of the respondent No. 1 on record. 2. We may point out that having regard to the social and economic conditions prevalent in the country and particularly in the rural areas and the large scale poverty and illiteracy, which is rampant in the country, as a result of which most people do not know what are their rights and obligations, the applications for condonation of delay in bringing legal representatives on record should be considered liberally by the courts. No technical view should be taken which would impede the course of justice. We hope and trust that the High Court will consider the application for setting aside the abatement and condoning the delay in bringing the legal representatives of respondent No. 1 on record, from this point of view and dispose it of according to law. 3. We accordingly allow the appeal and remand the matter to the High Court to consider the application and dispose of the same according to law. There will be no order as to costs. Appeal allowed.