Ep dismissed as abated

mabusubhani (Querist) 22 February 2023 This query is : Resolved
Respected sir
In EP SUB COURT DISMISSED EP AS ABATED ,NOW CAN SET ASIDE OR REOPEN THAT EP OR FRESHLY FILE NEW EP IN SAME COURT IN HOW MANY DAYS THIS PROCESS COMPLETE.PLEASE GIVE ADVICE
Mandatory limit exceed 90 days thats why EP Dismissed as abated. Now what step can take

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If your Execution Petition (EP) has been dismissed as abated, especially due to exceeding the 90-day limit for legal heirs to be substituted, there are potential steps you can take. You might be able to file a petition to set aside the abatement, potentially with a delay condonation application if the time limit has passed. Alternatively, if the limitation period allows, a fresh EP could be filed. However, it's argued that Order 22 Rule 12 CPC means the 90-day substitution limit isn't strictly mandatory for EPs, suggesting the EP shouldn't have abated and could be restored.

kavksatyanarayana (Expert) 22 February 2023
I opine the plaintiff's suit dismissed as abated means the plaintiff's claim has been dismissed due to the reason for his death. The legal heirs of the plaintiff may file a petition to set aside abatement with delay condone application if the limit is exceeded and pray for the continued suit.

Advocate Bhartesh goyal (Expert) 23 February 2023
You can file another fresh execution petition if limitation period allows.

mabusubhani (Querist) 23 February 2023
Mandatory limit exceed 90 days thats why EP Dismissed as abated. Now what step can take

Advocate Bhartesh goyal (Expert) 23 February 2023
As Per order 22 rule 12 cpc in execution petition order 22 rule 3,4& 8 cpc regarding substituion of legal heirs and abatement doed not apply strictly so limitation of 90 day to bring legal heirs on record ( execution petition ) is not mandatory and execution petition can not be abated if the legal heirs on record not brought in record in specified period of 90 days Get restored the execution petition on basis of above mentionrd providion.

N.K.Assumi (Expert) 24 February 2023
I concurred with the response of the Advocate Bhartesh goyal.

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