IQBAL SINGH Vs. SANJAY GUPTA & ANR

JUDGEMENT

(1.) Aggrieved by the order dated 26th November, 2014 whereby applications of Sanjay Gupta the plaintiff and respondent No.1 herein in Suit No.73/08/95 under Section 22 Rule 4 CPC and under Section 5 of the Limitation Act were allowed, the petitioner Iqbal Singh prefers the present petition.

(2.) A suit was filed by Sanjay Gupta against Kalawati and Iqbal Singh seeking specific performance, damages and injunction. Kalawati defendant No.1 expired on 18th July, 2008 however this fact was brought to the notice of the Trial Court and Sanjay Gupta on 14th November, 2011 when learned counsel for the Kalawati informed about the death of Kalawati. The names of legal heirs of Kalawati were informed on 18th September, 2012. Learned counsel stated that Kalawati had left behind Ms. Guddi Saini as her only legal heir.

(3.) An application under Order 22 Rule 4 CPC was filed on 3rd October, 2012. An application under Section 5 of Limitation Act was subsequently filed on 26th August, 2013. Both these applications were decided by the impugned order. Learned Trial Court held that though the plaintiff/respondent No.1 failed to take sincere efforts for tracing out the particulars of L.Rs. of deceased Kalawati and was negligent, however, there was no lack of bonafide and thus the applications were allowed subject to costs of Rs. 10,000/- of which Rs. 5000/- was directed to be paid to L.R. of deceased Kalawati and Rs. 5000/- to the petitioner/defendant No.2.