REHMAN BEE Vs. BABU KHAN

JUDGEMENT

(1.) Heard on admission.

(2.) Short facts of the case are that Habib Khan, Limbe Khan and Kale Khan filed a suit for declaration, partition and possession against other respondents. Somewhere in the year 92. During pendency of the suit Habib Khan died on 3/02/2000 and an application was filed u/o 22 r.3 Civil Procedure Code for bringing legal representatives of deceased Habib Khan, on record who are petitioners No. 6 (a) to (i) on 14/02/2000. The application was allowed and the petitioner No. 6(a) to (i) were brought on record. On 7.07. 99 i.e. prior to to filing of the application for bringing legal representatives of petitioner No.6 Habib Khan on record, another plaintiff Kale Khan also died and the application was filed on 14/02/2000 for bringing his legal representatives on record. Since the application was not filed in time, therefore, another application was filed for condonation of delay on 25/07/2000. The application was also filed for setting aside abatement. These applications were allowed and the legal representatives of the petitioner No.7 Kale Khan who are petitioner No.7(a) to (d) were brought on record vide order dated 27/07/2001. Thereafter, Limbe Khan petitioner No.12 also died on 25/01/2003. On 14/5/2004 an application was filed by the petitioner No.12 (a) to (k) for bringing them on record in place of deceased Limbe Khan. This application was dismissed on 30/1/2005 against which an appeal was filed which was numbered as MA No.17/2007. In this appeal legal representatives of the petitioner No.12 Limbe Khan also moved an application u/o 22 r.9 Civil Procedure Code and another application under section 5 of the Limitation Act for condemnation of delay and setting aside abatement. This appeal was dismissed vide order dated 28/09/2007 against which writ petition was filed before this Court which was numbered as WP No. 5812/2009 and was allowed on 30/03/2009 and the order dated 28/02/2007 passed in Miscellaneous appeal was set aside and the case was remanded back with a direction to the learned appellate Court to take into consideration the application filed by the legal representatives of Limbe Khan who is petitioner No.12 for condonation of delay and setting aside abatement.

(3.) During pendency of the appeal, after remand on 20/04/2009 the applications were filed for bringing legal representatives of deceased Salu Khan who is petitioner No.5 along with applications under section 22 r. 9 Civil Procedure Code for setting aside abatement and under section 5 of the Limitation Act for condonation of delay. All these applications were contested by respondents and after hearing the parties vide order dated 24/06/2009 the appeal was dismissed against which present petition has been filed.