DEVKI BAI Vs. BALRAM SINGH GOND

JUDGEMENT

(1.) THIS Civil Revision is being disposed of finally today at the stage of admission.

(2.) BRIEF facts are that upon dismissal of Civil Suit No. 38-A/2001 vide judgment and decree dated 27-04-2001 by 4th Civil Judge Class-II, the appellant- plaintiff preferred First Appeal (Civil Appeal No. 60-A/2004) on 30-06-2001. During the pendency of this appeal, respondent No. 6 Kunja Bai died on 20-01 -2003. An application was filed by the appellant-plaintiff on 09-09-2004 along with an application under Section-5 of the Limitation Act for bringing the legal representatives on record. It was stated therein that the appellant was a household lady and was suffering from heart disease and other ailments and had no knowledge about the death of respondent No. 6-Kunja Bai. The First Appellate Court took a purely technical view and held that there was no sufficient ground to condone the delay in making an application for setting aside the abatement of appeal.

(3.) IN Mithailal Dalsangar Singh and Others Vs. Annabai Devram Kini and Others2, it was held by the Apex Court as under :-