URMILA PASARI Vs. EXIDE INDIA LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are aggrieved by order dtd. 11/2/2015 rejecting their Civil Revision Application, affirming order dtd. 10/11/2014 passed by the Civil Judge Senior Division, 4th Court, Alipore, rejecting their application for substitution in place of proforma defendant No.2.

(3.) Title Suit No. 160 of 1982 (New Title Suit No. 41 of 2008) for ejectment and mesne profits was filed against the defendant by Smt. Surma Devi Pasari. The daughter-in-law of the plaintiff, Smt. Sabitri Devi Pasari was impleaded as defendant No.2. It was pleaded that the latter was the real beneficiary owner of the suit premises and required the same for her use as she was staying in rented accommodation. The plaintiff and Smt. Sabitri Devi Pasari were both deceased during the pendency of the suit. A last Will and Testament was executed on 26/10/2009 by Smt. Sabitri Devi Pasari. She willed the suit property to the appellants appointing Sh. Bhagirath Pasari as the sole executor of her will. Probate having been obtained on 8/10/2013, Sh. Bhagirath Pasari executed a registered deed of assignment in favour of the appellants. The appellants filed an application under Order I, Rule 10(2) of the Code of Civil Procedure (hereinafter referred to as the "Code") for substitution in place of Smt. Sabitri Devi Pasari which was rejected by the Civil Judge as being barred by limitation having been preferred beyond the statutory period of 90 days. The rejection has been affirmed by the High Court.