URVASHI AGGARWAL Vs. SURAJ KUMARI

JUDGEMENT

(1.) Vide CRP No.1150/2003 petitioners have challenged the order dated 17.9.2003 dismissing an application dated 25.2.2002 filed by the petitioners under Order 22 Rule 4 CPC praying that Kushagr Ansal, grandson of deceased defendant No.1 be brought on record as a defendant. I note that vide said application prayer was also made to condone the delay in filing the said application.

(2.) The application of the petitioner has been dismissed holding that the suit stood abated and no explanation was forthcoming justifying delay to be condoned. It has been held that there has been an inordinate delay in seeking impleadment of Kushagr Ansal as a legal representative of deceased defendant No.1.

(3.) Order challenged in CRP No.1154/2003 is an order of even date dismissing application dated 19.2.2001 filed by the petitioners to implead the 6th natural legal heir of deceased defendant No.1. Reason thereof is that the said natural legal heir had admitted that the deceased had executed a will in respect of the suit property in favour of her grandson Kushagr Ansal and hence could not be impleaded as defendants.