YOGENDER PAL Vs. ALL INDIA BLIND RELIEF SOCIETY

JUDGEMENT

(1.) This revision petition impugns an order dated 08.09.2009 whereby the Trial Court condoned the delay of the respondent/plaintiff in bringing on record the LRs of the deceased defendant. Consequently, the Trial Court set aside the abatement of the suit and ordered the LRs of the deceased defendant to be brought on record.

(2.) The respondent had filed a suit for possession of its accommodation, for permanent injunction, damages and mesne profits against the father of the petitioners, namely Dr. Kumar Pal, who was the sole defendant in the suit. The suit was initially filed before this Court but on account of enhancement of pecuniary jurisdiction, it was transferred to the District Court, vide order dated 1.9.2003.

(3.) Admittedly, the sole defendant died on 07.05.2000. The respondent/plaintiff filed an application on 20.07.2005 under Order XXII Rule 4 to bring on record, the petitioners as LRs in the suit.