ARUN BATRA Vs. BIMLA DEVI

JUDGEMENT

(1.) BY this order, I shall dispose of the two applications i. e. IA No. 1572/2004 under Order 22 Rules 4 and 9 CPC and IA No. 9756/2008 under section 5 of the Limitation Act filed by the plaintiff. The plaintiff has filed this suit for specific performance claiming, inter alia, a decree for specific performance. Smt. Bimla Devi was arrayed as defendant No. 1, who expired duringthe course of the present proceedings on 06. 10. 2003. According to the plaintiff, information regarding the demise of defendant No. 1, Smt. Bimla devi, was made available to the plaintiff on 13. 11. 2003. The deceased defendant No. I, Smt. Bimla Devi, had left behind the following legal heirs:- <FRM>JUDGEMENT_492_DRJ110_2009Html1.htm</FRM>

(2.) ONE of the legal heirs of the deceased defendant No. 1 i. e. Shri Umesh kumar is already a party to the present proceedings as defendant No. 8. The contention of the plaintiff is that the right to sue survives against the legal heirs of the deceased defendant No. 1 as their successors to the interests in respect of the suit premises. The averment made in the application is that the plaintiff was ignorant of the demise of defendant No. 1. The plaintiff was informed about the demise of defendant No. 1 only on 13. 11. 2003 during the course of the court hearing. Although the application was to be filed within the stipulated time of 90 days, the said period had expired prior to the filing of the application. Thereafter the plaintiff has tried his best to get the name of the legal heirs of deceased defendant No. 1 within the stipulated time but it was difficult to obtain.

(3.) THE plaintiff has admitted in the present application filed on 5th march, 2004 that the stipulated time of limitation had expired and the suit against defendant No. 1 had abated. It is contended that in view of the sufficient cause shown by the plaintiff for filing the present application and in order to continue the suit against the legal heirs of deceased defendant no. 1, Shri Rakesh Aggarwal, Ms. Preeti Jain and Ms. Anju Jain may be impleaded as defendant No. l [a] to l[c] and abatement of the suit be set aside in respect of the legal heirs of deceased defendant No. 1.