Authority: Supreme Court of India
Order Date: 15-09-2026
Case Overview
- Petitioners: Aditya Narayan Singh Babu & Ors.; Respondents: Pramod Chandra Bhanj Deo represented through proposed legal heirs & Ors.
- The dispute originates from a suit for partition that was pending before the High Court; during those proceedings Respondent Nos. 3 and 14 died.
- Applications filed: IA No. 252828/2023 (condonation of delay in filing application for setting aside the abatement), IA No. 252829/2023 (application for substitution), IA No. 252827/2023 (setting aside an abatement).
- Counsel argued that the right to sue survives and legal heirs may be brought on record; the prayer was not opposed.
Final Outcome
- The Court allowed the applications: it condoned the delay, set aside the abatement, and permitted substitution of the deceased respondents.
- The parties were directed to file an amended memorandum within two weeks of the order.
- All three interlocutory applications were disposed of.
Topics: Civil Procedure, Partition Suit, Court Order