KARTAR CHAND Vs. JOWALA SINGH

JUDGEMENT

(1.) The respondent died on the 24th August, 1977. -The appellant says he was ignorant of the respondent's death. Consequently, the appeal abated as appellant did not make application within 90 days to join the legal representatives of the deceased respondent. The ignorance of the appellant of the death of the respondent continued thereafter and no application was made by him for setting aside the abatement of the appeal within the prescribed period of 60 days. On the 24th February, 1978 the appellant mady two applications, CMs 183 and 184 of 1978 ; the first for bringing the legal representatives of the deceased respondent on record and second for setting aside the abatement of the appeal on the ground that the appellant was ignorant of the death of the deceased respondent and this constituted sufficient cause for the delay in making these applications.

(2.) The relevant provision to be construed in considering these applications is Order XXII rule 4 (5), as amended in 1976, which is( )

(3.) Two questions have to be considered, namely, (1) a question of fact, as to whether the appellant was in fact ignorant of the death of the respondent, and (2) a question of law, whether this constituted sufficient cause for the delay in making these applications in the eye of law. (In paras 4 & 5, evidence is discussed that appellants were not ignorant)