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Issues involved: Abatement of writ petition against Respondents Nos. 4 and 5 due to failure to bring legal representatives of deceased Respondent No. 5 on record within 90 days of death.
Summary: The Supreme Court allowed the appeal against the High Court's dismissal of the writ petition based on abatement against Respondents Nos. 4 and 5. The appellants failed to bring the legal representatives of the deceased Respondent No. 5 on record within 90 days of death, which occurred on 21-11-1976. The Court noted that the appellants, being from a rural area, may not have been aware of the legal requirement to do so promptly. The Court emphasized the need for justice and granted the application to set aside the abatement, bring the legal representatives on record, and remand the writ petition to the High Court for further proceedings. The Court clarified that this decision did not express any opinion on the merits of the case, leaving it to the High Court for adjudication according to law. The High Court was urged to expedite the disposal of the writ petition, with the ex parte stay order to be vacated. This judgment highlights the importance of procedural requirements in legal matters, particularly concerning abatement and bringing legal representatives on record within the specified timeframe. The Court considered the circumstances of the case, including the appellants' background and the complexities of legal procedures in a country with issues like poverty, ignorance, and illiteracy. The decision underscores the principle of ensuring access to justice and fair treatment, even when parties may not be fully aware of all legal formalities. The Court's directive for prompt resolution by the High Court reflects the commitment to timely and efficient judicial processes.
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