GEETA OFFISET P LTD Vs. MANJIT KAUR

JUDGEMENT

(1.) This order shall govern the disposal of lAs 8235 under Order XXII Rule 4 read with Section 151 CPC and 8237/02 under Section 5 of the Limitation Act filed by the plaintiff.

(2.) The plaintiff has filed this suit for specific performance of development agreement dated 12th March, 1992. When this case was taken up on 8th May, 2001, Shri D.K. Garg, counsel for the defendants informed the Court that defendant no.1 Smt. Manjeet Kaur died on 7th February, 2001. Plaintiff thereupon filed two application being IA 9375/01 under Order 22 Rule 4 CPC and IA NO 9376/01 under Section 5 of Limitation Act. These applications were filed on 3rd October, 2001. In these applications, it was pleaded that the plaintiff came to know about the death of the defendant no. 1 for the first time on 8th May, 2001 as per information given by the learned counsel for the defendant no.1 to the Court. The plaintiff was not aware of the family members of the defendant no. 1. The director of the plaintiff company went to Hoshiarpur where the defendant no. 1 was residing. The husband of the defendant no. 1 had predeceased her and defendant no.l has also not left behind any children. It is only on 27th September, 2001 that the plaintiff came to. know that the defendant no.l has bequeathed her properties in favour of her sister namely Smt. Satwant Kaur wife of Col. D.S. Randhawa, resident of 246, Model Town, Hoshiarpur (Punjab). When these applications were taken up on 6th August, 2002 it was observed by Hon'ble Mr.Justice K.S. Gupta that suit stands abated qua defendant no. 1 as these applications were filed after more than 90 days, period bad already expired from the date of death and since the plaintiff has not filed any application for setting aside the abatement of suit qua defendant no. 1, no order need be passed on these applications being I As 9375 and 9376/2001. Thereafter, plaintiff filed applications lAs 8234 and 8236/ 2002 to add the relief of setting aside the abatement in prayer clause by way of amendment. These applications 1 As 8234 & 8236102 were allowed by my order dated 1st August, 2003. These amended applications were renumbered as 8235 and 8237/02. These applications dated 9th September, 2002 are for setting aside the abatement, for impalement of Smt. Satwant Kaur, only sister of the deceased defendant no.1 as legal heir and for condonation of delay.

(3.) I have heard learned counsel for the parties and perused the records.