ATCHUT UPENDRA RAIKAR Vs. SURYA UPENDRA RAIKAR

JUDGEMENT

(1.) Heard the advocates for the petitioner and respondents no. 1 (a) to 1 (f) and 2, 3 and 4. Neither the respondents No. 5 to 10 are present nor anyone to represent them. Notice was issued for final disposal of the petition at the admission stage. Failure on the part of the respondents No. 5 to 10 to appear before the Court, apparently discloses that they are not interested in contesting the proceedings.

(2.) The petitioner challenges the Order dated 15th December, 2004 passed by the civil Judge S. D. , Margao in Special Civil Suit no. 74/ 1999/iii. By the impugned order the trial Court has dismissed the applications for setting aside of abatement, condonation of delay in bringing the L. Rs. as well as the application for bringing the L. Rs. on record consequent to the death, of defendant No. 5 in the suit. The applications have been dismissed on the ground that the petitioner has not been able to show sufficient cause for not filing the application for bringing the L. Rs. of defendant no. 5 within the stipulated period of 90 days from the date of death of defendant No. 5.

(3.) Few facts relevant for the decision are that the petitioner has filed the suit for declaration and dissolution of the partnership and accounts. During the pendency of the said suit, the defendant No. 5 expired on 2nd december, 2003. On 17 February, 2004 the advocate who was appearing for the deceased defendant, brought the said fact of death of defendant No. 5 to the notice of the Court. On 23 March, 2004 the petitioner filed the above referred three applications namely for setting aside of abatement, for condonation of delay and for bringing the legal representatives on record. The applications were objected to by the respondent by filing their reply on 28 April, 2004. By the impugned order, after hearing the parties, the trial Court dismissed the applications.