KESARICHAND MOTICHAND SHAH Vs. FAKIRBHAI KARIABHAI KOLI

JUDGEMENT

(1.) THE short point for my determination in this appeal is whether in a suit for injunction simpliciter the same abates when during the pendency of the suit one of the defendants expires and his legal representatives are not brought on record in the meantime.

(2.) THE undisputed fact is that the appellant is the original plaintiff who has filed the suit against 26 defendants for permanent injunction simpliciter in the month of July, 1991. The suit was instituted in the Court of the Civil Judge, Senior Division, Panaji under No. 89/91/a. The cause of action for filing of the suit is that the defendants/now respondents had interfered in the appellants property situated at Daman which belongs to him.

(3.) IT is the case of the appellant that he came to know about the death of one of the defendants being defendant No. 6, occurred somewhere in the year 1984 only later on in the year 1988. Therefore as a matter of abundant caution he moved an application before the trial Court to bring the legal representatives of the deceased defendant on record and for setting aside the abatement of the suit, if any. This application was made by the appellant on 5-10-1988 and in the same application he prayed also for condonation of delay in filing the application although no separate application nor any affidavit was filed along with it to condone the delay.