KUNJ BEHARI Vs. K D CHURIWALA AND SONS

JUDGEMENT

(1.) Shri Kunj Behari and another had filed a suit/petition under Section 20 of the Arbitration Act. The respondents so arrayed were M/s K D Churiwala & Sons, a Hindu Undivided Family with respondent 6 as Karta. The said suit has since been contested. On 7/9/1995 on behalf of defendants, the learned counsel for the defendant/respondent pointed that Shri Churiwala. respondent no, respondent no.6 have died. respondents was not aware of deaths. Thereupon this court may take necessary steps representatives of the deceased respondents. The matter was directed to be listed before the Joint Registrar on 19/10/1995.

(2.) Perusal of the record reveals that on 19/10/1995 no application was filed for bringing on record the legal representatives of respondents 2 and 6 and the JR had adjourned it to 9/2/1996. On 9/2/1996 again the JR recorded that no application as such has been filed for bringing on record the legal representatives of respondents 2 and 6. Keeping in view the time that has elapsed it was directed to be listed before the court on 18/3/1996. On 18/3/1996 it was adjourned by this court for 22/5/1996.

(3.) On behalf of the plaintiffs an application under Order 22 Rule 4 Code of Civil Procedure (IA 4824/96) was filed dated 21/5/1996 asserting that during the pendency of the suit it had come to the notice of the plaintiff that defendants 2 and 6 have died. Despite various attempts the could not know the date of the death nor could they find as to who are the legal representatives. To their best of knowledge therefore they prayed that the wife of Shri K P Churiwala and the wife of Shri M.P Churiwala and his sons should be impleaded as the legal representatives.