ALLANOOR Vs. FAZAL HUSSAIN

JUDGEMENT

(1.) THIS revision is directed against the order dated 28.7.1998 passed by IIIrd Civil Judge, Class II, Bhopal in Civil Suit No. 93A/93.

(2.) IT is not in dispute that during pendency of the Civil Suit No. 93 A/93 the sole defendant Allah Noor died on 15.7.1994. The non applicant/plaintiff was not aware about the death of the sole defendant nor did the counsel for the defendant give information till 10.8.1997 regarding the death of sole defendant Allah Noor. Also the LRs of Allah Noor were not known to the non applicant/plaintiff. Subsequently the counsel for deceased/defendant also furnished the information. Thereafter an application under Order 22 Rule 4 CPC was filed by the non applicant. It appears that no application for setting aside abatement and for condonation of delay was filed.

(3.) ACCORDING to the learned trial Judge there was only delay of 10 days and this delay is liable to be condoned. As such the application under Order 22 Rule 4 CPC was allowed.