UMASHANKAR DHANNU KOLI Vs. AJABRAO ANANDA AWACHAR

JUDGEMENT

(1.) Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties.

(2.) The trial Court dismissed the application filed by the plaintiff for condonation of delay caused in bringing the names of the L.Rs of the original defendant No. 8 Purushottam Vyankatesh Bramhan and defendant No. 9 Shriram Vyankatesh Bramhan on record. The application does not state the number of days delay caused in filing such application. The trial Court has held that the plaintiff has not disclosed either the source of information about the death of defendant Nos. 8 and 9 or the date/month/year of the knowledge of the plaintiff about the death of defendant Nos. 8 and 9. The Court has held that the application is vague and unspecific and the plaintiff was not diligent in preferring the application.

(3.) The undisputed factual position is that, the defendant No. 8 died on 13.01.1995, whereas the defendant No.9 died on 11.12.1995. The suit in question was filed in the month of September, 2008. The plaintiff claims that he was not aware about the death of the defendant nos. 8 and 9. It is his claim that during the pendency of the suit, he came to know that the defendant nos. 8 and 9 had expired even before the filing of the suit.