KENCHEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) w.p. No. 3525/1988 order on i.a. nos. Ii & iii two applications ias. Ii and iii have been filed. La. No. Ii is for recalling the order dated 2-4-1990 and la. No. Iii is for bringing the legal representatives of the deceased jayamma, l.r. No. 2 of the deceased petitioner kenchegowda.

(2.) i first consider the application la. No.iii. In this la. Under order 22, Rule 3 r/w Section 151 CPC, it is brought to the notice of the court that jayamma one of the three legal representatives of the deceased kenchegowda, who was brought on record by an order dated 11-1-1989 is said to have expired on 22-5-1989. Therefore, a prayer is made to bring her legal representatives on record. One rajeswari, aged about 22 years, the daughter of jayamma is to be brought on record in her place. Rajeswari has sworn to an affidavit saying that she is the daughter of Smt. Jayamma. As there is no objection, in respect of these facts la. No. Iii is allowed. Smt. Rajcswari-daughter of the deceased jayamma is permitted to be brought on record in place of jayamma.

(3.) as regards i.a. No. Ii, learned counsel submits that he could not be present when the order dated 2-4-1990 was made; that he wants to urge some contentions favourable to the petitioners and that therefore the order dated 2-4-1990 may be recalled and he may be heard. I heard him accordingly.