SANJAYBHAI JAGDISHBHAI MODI Vs. DENA BANK

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution, the petitioners have challenged the judgment and order dated 27.06.2003 passed by the Chamber Judge, Court No.7, Ahmedabad in Summary Suit No.5709 of 2001.

(2.) THE facts relevant for the purpose of deciding this petition can be summarized as under :-

(3.) I do not find any merit in the contentions raised by learned counsel Mr.Padia. In one of the rulings of the Supreme Court in the case of Karuppaswamy and others Vs. C. Ramamurthy, reported in AIR 1993 SC 2324, the plaintiff unaware of the death of the defendant filed a suit against him and immediately on coming to know of his pre-suit death sought to substitute him by his legal representatives. The Apex Court allowed the application by invoking the proviso to Section 21 Clause (1) of Limitation Act. The Supreme Court in paragraph Nos.4, 5, 6, 10 and 11 held as under:-