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TMI Blog2012 (11) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... ct for condonation of delay in filing the application for amendment and if the Court is satisfied with the explanation given by the appellant for the delay, the Court can condone the delay and allow the amendment of the appeal memorandum - provisions of Order XVI Rules 8 and 9 will apply at the time of filing of the SLP the respondent was alive and after the filing of the Special Leave Petition his legal representatives are sought to be substituted & not where the respondent was dead when SLP filed. I.A. No. 2 of 2011, an application for substitution of legal representatives of deceased respondent No.1. is to be treated as an application for amendment of the Special Leave Petition and as the delay in filing the application for amendment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also relied on the decisions in Bank of Commerce Ltd., Khulna v. Protab Chandra Ghose and Others [AIR (33) 1946 Federal Court 13], (Adusumilli) Gopalakrishnayya Anr. v. Adivi Lakshmana Rao [AIR 1925 Madras 1210], H.H. Darbar Alabhai Vajsurbhai Ors. v. Bhura Bhaya Ors. [AIR 1937 Bombay 401], Sachindra Chandra Chakravarti v. Jnanendra Narayan Singh Roy Anr. [AIR 1963 Calcutta 417], State of West Bengal v. Manisha Maity and Others [AIR 1965 Calcutta 459], Angadi Veettil Sreedharan vs. Cheruvalli Illath Sreedharan Embrandiri Manoor [AIR 1968 Kerala 196], Vantaku Appalanaidu Ors. v. Peddinti Demudamma Anr. [AIR 1982 A.P. 281], Karuppaswamy and Others v. C. Ramamurthy [AIR 1993 SC 2324] and Ram Kala v. Deputy Director (Consolidation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... direct an amendment of the appeal memorandum and if the appeal is out of time against the legal representatives, the Court will have to excuse the delay in presentation of the appeal before it in exercise of its discretion. The Full Bench overruled the contrary view of a Division Bench of the Madras High Court in Govind Kaviraj Purohito v. Gauranga Sa [AIR 1924 Madras 56] that an appeal filed against a dead person has to be dismissed. The Full Bench of the Madras High Court further held that Rule 6 of Order 15 of the Federal Court Rules, 1942, which dealt with substitution of the representative of one who is a party to an appeal and for addition of party did not apply to a party who was dead at the time of filing of the appeal. 5. The C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in a case where such application for amendment is filed beyond the limitation prescribed for filing the appeal, the appellant must also file an application under Section 5 of the Limitation Act for condonation of delay in filing the application for amendment and if the Court is satisfied with the explanation given by the appellant for the delay, the Court can condone the delay and allow the amendment of the appeal memorandum. 7. Order XVI of the Supreme Court Rules, 1966 is titled Appeals by Special Leave . Rules 8 and 9 in Order XVI which provide for substitution and addition of parties are extracted hereinbelow: 8. Where any person is sought to be impleaded in the petition as the legal representative of any party to the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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