SUJATA JAIN Vs. ANIL KUMAR JAIN

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 13/9/2024 passed by learned District Judge-04, Shahdara, Karkardooma Courts, Delhi in Civil Suit No. 1787/2026 titled as "Anil Kumar Jain and Anr. Vs. J. P. Gupta (since deceased through LRs)" whereby the learned trial court allowed the application under Order XXII Rule 3 and 9 r/w application under Sec. 151 CPC and Sec. 5 of Limitation Act thereby condoning the delay of 3023 days and permitted the substitution of legal heirs of plaintiff no.1 (before the trial court), Smt. Usha Rani Jain (since deceased).

(2.) The petitioners being the legal heirs of deceased J.P. Gupta have challenged the impugned order primarily on the ground that it has been passed without appreciation of law and facts and that such inordinate delay ought not to have been condoned in the absence of any bonafide and sufficient cause.

(3.) The background facts leading to the filing of the present petition as essential for the disposal of the present petition are that an original suit, CS(OS) 2527/1998 was instituted before this Court by Sh. Anil Kumar Jain (Plaintiff No.1) and his sister-in-law Smt. Usha Rani Jain (Plaintiff No.2) seeking performance of an agreement to sell dtd. 7/12/1994, allegedly executed by the defendant, Sh. J.P. Gupta, in favour of the plaintiffs. A parallel suit was also filed by Sh. J.P. Gupta in favour of the plaintiffs bearing no. 397/1998 (later re-numbered as CS(OS) No. 1146/2006 seeking declaration of cancellation of the said agreement, possession and mesne profits. Both suits, involving common parties and subject matter were consolidated by order dtd. 11/10/2006.