DWARKADAS PRABHUDAS PATEL Vs. THAKORE LAXMANJI DHULAJI

JUDGEMENT

(1.) BY this application under Sec. 5 of Limitation Act, the applicants, who are the original-petitioners, have prayed for condonation of delay of 1622 days in preferring the application for bringing heirs of original-respondent No. 1, who expired on 30-3-2003 on record. On behalf of the respondents, adjournments have been sought to file affidavit to oppose the application. Despite adjournments having been granted since 11th December,2007, until now no affidavit has been filed.

(2.) IT is pertinent to note that in present case the original-petition has been filed in November, 1999 and is admitted, and is pending for final hearing.

(3.) AS per the averments made in the application, it is after the admission of the petition that the respondent No. 1 expired in March, 2003. It is the case of the applicants that the applicants came to know about the sad demise of respondent No. 1 only when the matter came to be taken up for final hearing in December, 2007 when they were informed by the respondent's Advocate about the sad demise of respondent No. 1 and until then neither the petitioner nor petitioner's Advocate was aware and/or informed about the sad demise of respondent No. 1. The applicants have also invoked provision of Order XXII, rule 10a and urged that necessary action for making application in prescribed time could not be made due to failure of respondent or their representative to inform the applicant.