NANAK CHAND SOOD Vs. UNION OF INDIA

JUDGEMENT

(1.) In this appeal Balbir Singh, respondent No. 3, died sometime in October, 1974. The appellant was ignorant of his deat. When the appeal came for hearing on December 8,l977, it was brought to the notice of the appellants counsel that Balbir Singh Had, died as was apparent from the report of the postman dated August 2, 1977, on the notice sent by registered post to Balbir Singh for the healing of the. case.

(2.) The appellant made enquiries about the date of death of Balbir Singh and the names of his legal representatives. He could not get this information earlier than 22nd December, 1977, when he made two applications. One is under O. 22 rule 4, Code of Civil Procedure and the other is under section 5 of the Limitation Act. Subsequently on May 2, 1978, he moved a third application under Order 22 rule 9(2), Code of Civil Procedure for setting aside the abatement.

(3.) We think we ought to allow all the three applications. The appellant "was unaware of Balbir Singh's death. It came to his knowledge on December 8, 1977, that Balbir. Singh was dead. He then took steps to find out the date of death. Enquiries revealed that Balbir Singh had died sometime in October, 1974. On December 22. 1977, the appellant moved the application.. for the substitution of the names of the legal representatives.