JUGGAL K. SOOD Vs. KAMAL K. SOOD

JUDGEMENT

(1.) IA No. 7875/2014 (O.XXII R.9 CPC) in CS(OS) 484/1998;

(2.) THESE applications are for substitution of the legal representatives (LRs) of the deceased Defendant no.1 and for setting aside the order of abatement as the application for substitution of LRs was not moved in time. Since the application for setting aside the abetment was also not moved in time, an application for condonation of delay in moving the application for setting aside of the abatement has also been moved. As per the averments made in IA No. 7878/2014, there is a delay of 439 days in moving the application. The sum and substance of the applications moved by the Plaintiff for delay in moving the application for substitution and for setting aside the abatement are given in paras 5,6 and 7 of the application, on which much stress is led by the learned counsel for the Plaintiff. Paras 5,6 and 7 of the application are extracted hereunder: -

(3.) THE applications have been opposed by Defendant no.2, who is wife of Defendant no.1. Learned counsel for Defendant no.2 strongly opposes the applications. He urges that on hearing about death of Defendant no.1 on 01.11.2012, the Plaintiff was in India on 02.11.2012. He also attended the 'kriya' ceremony of the deceased on 03.11.2012 at Balasahed Gurudwara. The Plaintiff appeared before the Court on 07.11.2012 when he and his counsel were informed about the death of Defendant no.1 having occurred on 01.11.2012.