AAROHI BUILDERS PRIVATE LIMITED Vs. RAJESHWAR

JUDGEMENT

(1.) These are the applications filed on behalf of the plaintiffs under Order 22 Rules 4 and 5 for bringing the legal heirs of defendant No. 1 on record and to set aside the abatement, and under Section 5 of the Limitation Act for condonation of delay in filing LA. 1197/2000.

(2.) Defendant No. 1 expired on 11.2.1999. Plaintiffs claim to have knowledge of the death on 23.9.1999 when the Counsel for the defendants made a statement in Court. The plaintiffs filed the application under Order 22 Rule 4, CPC on 27.1.2000, i.e., after a lapse of more than four months along with an application under Section 5 of the Limitation Act for condonation of delay in filing the application under Order 22 Rule 4, CPC.

(3.) The applicant contends that due to lack of communication, the information could not be passed on to the plaintiff and application under Order 22 Rule 4, CPC could not be filed. It is also stated that on 25.1.2000 when the files were taken out for the next day, i.e., 27.1.2000 this fact came to the notice of the Counsel for the plaintiff and the application was filed on 27.1.2000. In any case, plaintiff came to know about the factum of death of defendant No. 1 for the first time on 25.1.2000.