VASUDEO MANOHAR PUNTAMBEKAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) ADMIT .

(2.) THE learned Counsel for Respondents waives notice. By consent heard forthwith.

(3.) THERE is no dispute that the original plaintiff died on 22.10.1989. The Appellants pointed out by filing an affidavit that the appellants were not knowing about the pendency of the suit filed by the original plaintiff and they came to know about it when they received a notice in the first week of June 1996 from the Office of the Court that as the original plaintiff has expired, they shall be required to file an application for brining heirs and legal representatives on record. Accordingly, the said Chamber Summons was taken out immediately in July 1996. No doubt, there was delay in filing the said application. However, taking into consideration the undisputed fact that the appellants were not aware about the filing of the suit by the original plaintiff - husband of appellant No.1 and father of the appellants Nos.2 and 3, delay should have been condoned in the interest of justice and the Chamber Summons should have been granted.