R K CHURIWALA Vs. KUNJ BEHARI

JUDGEMENT

(1.) This appeal is against the order dated 19th October,2001of the Learned Single judge allowing applications for condonation of delay and substitution of legal representatives of deceased Karta of an HUF and another defendant, who was also a coparcener and where other defendants were the HUF and other coparceners, one of them being also the son of deceased karta.

(2.) The respondents had filed a petition under Section 20 of the Arbitration Act,1940 against M/S K.D.Churiwala & sons HUF through its Karta M.P.Churiwala who was defendant no.6 in the petition. Besides the said two defendants, the other members and coparceners of said HUF, Shri K.P.Churiwala, Mr.R.K.Churiwala, Mr. Sanjay Churiwala and Mr. Nikhil Churiwala were also impleaded as defendants in the petition. Shri Sanjay Churiwala is the son of Shri M.P.Churiwala, deceased karta.

(3.) The addresses of all the defendants in the petition under Section 20 of the Arbitration Act,1940 were given as 32-J, New Road, Alipore, Calcutta. During the pendency of the petition, on 7th September,1995 the counsel for the defendants/appellants intimated that Shri M.P.Churiwala defendant no.6 in the petition, karta of HUF M/S K.D.Churiwala, and defendant no.2 Shri K.P.Churiwala have died. The counsel for the defendants, however, did not disclose the dates of their death. There after petition was listed before the Court on 19th October,1995; 9th February,1996; 18th March,1996 and 21st May, 1996 and the applications for substitution of legal representative of above stated deceased defendants was filed 21st May,1996 along with an application for condonation of delay under Section 5 of the Limitation Act, 1963 read with Section 151 of Code of Civil Procedure. The said applications were contested by the respondents but were allowed by order dated 19th October,2001 by the learned Single Judge and delay in filing the application for substitution of legal representatives of the deceased defendants was condoned and the legal representatives of the deceased defendants were substituted subject to payment of costs of Rs.2000 by the respondents.