MANISH @ NISHU JANKIPRASAD BAJPAI Vs. DINESH PREMSAGAR BAJPAI

JUDGEMENT

(1.) THE appellant original plaintiff has filed this Appeal From Order under Order 43 Rule 1 of the Civil Procedure Code, challenging the order passed by the learned City Civil Judge, Ahmedabad below application Ex.27 and below order Ex.1 in Civil Suit No.1780 of 1990 dated 30.10.2007 rejecting the application for bringing legal heirs of the defendant on record and also for not taking any legal proceedings to set aside the abatement of the suit.

(2.) HEARD Mr. S.N.Shelat, learned Senior Counsel with Mr. C.B.Dastoor, for the appellant and Mr. U.D.Shukla, learned advocate with Mr.Rahul K. Pandya, learned advocate for the respondents.

(3.) IT is the case of the appellant that the learned City Civil Judge, Ahmedabad has rejected the application for bringing legal heirs of the defendant on record on the ground that the application for setting aside the abatement was not moved and that the application was barred by limitation. According to the appellant, the learned trial Judge was not right in coming to the conclusion that the appellant was aware about the death of the deceased since he was the nearest relative of the deceased.