STATE OF UTTAR PRADESH Vs. SHEIKH ASGHAR

JUDGEMENT

(1.) This civil revision, filed by the State of Uttar Pradesh, arises out of an order passed by the learned Civil Judge, Jaunpur, dismissing the application of the State Government for its substitution on the death of the sole plaintiff Smt. Jumratan.

(2.) Smt. Jumratan instituted a suit against the opposite parties. She died during the pendency of that suit on 15th January, 1951, and as nobody came forward as a legal representative during the period of limitation, an order of abatement of the suit was passed on 15th April 1951. On information received by the Government and after an enquiry the Government found that Smt. Jumratan had died heirless and that the property escheated to the Government. Thereafter, an application was made on 17th July 1952 for substituting the State Government in place of Smt. Jumratan.

(3.) This application was opposed mainly on the ground that substitution could not take place some 15 months after the death of the plaintiff and that there being no reason for condonation of delay, the plaintiffs application should be rejected. This plea found favour with the court below and the application was rejected.