SUSHIL K. CHAKRAVARTY Vs. TEJ PROPERTIES P. LTD.

JUDGEMENT

(1.) IA Nos. 4531/2008 (restoration) & 4532/2008(delay) in CS(OS) 1348/1996

(2.) THESE applications arising out of the common set of facts in two suits and therefore, are being disposed of by this common order.

(3.) THE plaintiff Mr. Sushil Kanta Chakravarty expired on 3rd June 2003. On 14th October 2004 the suit was dismissed in default for non -prosecution. Application IA No. 4531 of 2008 under Order IX Rule 9 read with Section 151 CPC accompanied by an application IA No. 4532 of 2008 under Section 5 of the Limitation Act seeking condonation of delay in filing the application were filed by the present applicants i.e. Mr. Arun K. Chakravarty and Mr. Sunil K. Chakravarty claiming to be legal heirs of the deceased plaintiff Mr. Sushil K. Chakravarty. In the applications it is stated that the applicants are Class -II legal heirs of the deceased plaintiff who expired on 3rd June 2003 leaving behind no Class -I heir. They claim that on his death, his estate has passed on to the present applicants. It is further stated that applicants knew about the plaintiff having filed the present suit only towards the end of February 2008 and thereafter, applied for a certified copy of the suit proceedings which was made available to them on 26th February 2008. Thereafter, they learnt of the other cases including the suit CS (OS) 2501 of 1997, filed by M/s. TPPL against late Mr. Sushil K. Chakravarty.