ASHOK KUMAR JAGGI Vs. RAM SAWRUP SHARMA

JUDGEMENT

(1.) The present, civil revision petition is directed against the order dated 14.1.2003 dismissing the application of the petitioner under Order' 22 rule 4 of the Code of Civil Procedure. 1908 (hereinafter referred as Code for short).

(2.) Learned trial court has held that the petitioner herein had not specified and stated the date on which defendant No.l had died and. therefore, the aforesaid application does not have any merit and was liable to be dismissed. Learned counsel for the petitioner states that no intimation whatsoever as provided under Order 22 Rule 10A of the Code of Civil Procedure. 1908 was given about the death of defendant No. 1 and the petitioner had no knowledge that the said defendant had expired. He has further brought to my notice that only on 22.7.199,7. an intimation was given and the petitioner was informed about the death of defendant No.1.

(3.) Learned counsel for the respondent No.2 does not dispute these facts. It is. however, submitted that defendant No.l had expired on 9.10.1996 and the application for bringing on record the legal heirs was filed only on 7.7.1997 and thus it is submitted that the impugned order passed by the learned trial court is.justified.