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1. Setting aside an abatement due to the death of a defendant in a lawsuit. 2. Delay in making an application to set aside the abatement. 3. Determining if there was a reasonable explanation for the delay. 4. Application of Section 5 of the Indian Limitation Act in condoning delays. Analysis: The case involved an appeal from an order setting aside an abatement due to the death of a defendant in a lawsuit concerning rights of light and air and a right of way. The plaintiffs discovered the death of the defendant on August 23, 1948, but failed to promptly take steps to substitute the proper representatives. The application to set aside the abatement was filed 15 days after the sixty-day period had expired. The main issue was whether there was a reasonable explanation for the delay in making the application within the prescribed time frame. The plaintiffs attributed the delay to the male plaintiff's physical ailment, which required him to live away from Calcutta. The Court considered whether the circumstances justified the delay and if there was sufficient cause for not filing the application within the sixty-day period. The Court acknowledged that while the delay could have been avoided, a reasonably liberal view should be taken, considering the difficulties in communication and the need for solicitors to consult with the absent plaintiff. The judgment referred to previous cases where the Court had to determine what constitutes "sufficient cause" under Section 5 of the Indian Limitation Act. The Court emphasized that while inordinate delays cannot be excused, a liberal interpretation of "sufficient cause" should be applied to advance substantial justice. The Court highlighted the need to balance strictness with practical considerations to avoid defeating the ends of justice. The judgment also discussed the importance of diligence and the need for parties to show that the delay was beyond their control to establish "sufficient cause." The Court deliberated on whether negligence or avoidable delays could constitute "sufficient cause" under the law. Despite doubts raised by one judge regarding the explanation for the delay, the Court ultimately upheld the lower court's decision to exercise discretion in favor of the plaintiffs and dismissed the appeal. In conclusion, the judgment underscored the importance of considering the specific circumstances of each case in determining whether delays should be condoned under the law. The Court's decision to uphold the lower court's exercise of discretion highlighted the need to balance legal principles with practical realities to ensure justice is served.
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