Limitation

G.Padmanabhan (Querist) 10 June 2012 This query is : Resolved

The sole plaintiff in a suit is dead. Lr petition has been filed by his heirs to continue the proceedings after 110 days of the death of the plaintiff. What is the time limit for filing Lr petition, and if the petition is not filed within the prescribed time limit, would the proceedings automatically abate? or court has to pass a formal order or abatement. What is the prescribed time limit for abatement for proceedings? In case, abatement is automatic and no formal order of court is necessary, what is the remedy now available to the Lrs to set aside the abatement? When the LR petition was filed, application to set aside abatement was not filed.

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R Trivedi (Expert) 11 June 2012
As per Limitation Act it is 90 Days + 60 Days, 110 days may be accepted by the court with reasonable explanation beyond 90 Days. It is upto defendant to raise the objection on the delay account and ask for abatement, I do not think any automatic abatement has taken place, there is nothing like that without the court passing the order on complainant absence without exemption. Check the previous dates order sheets, some dates would have been given. If the court has admitted the substitution application, then I do not think abatement has taken place.