SHYAMKALI Vs. BUTAIYA

JUDGEMENT

(1.) This miscellaneous petition has been preferred challenging the order dtd. 1/8/2019 passed by 1st Civil Judge Class-I, Sidhi in Civil Suit No. 91-A/2015 whereby learned Court below has dismissed the applications filed under Order 22 Rule 4, 9 CPC and Sec. 5 of the Limitation Act and held that the suit has abated against the defendant 3 Motilal Singh.

(2.) Learned counsel for the petitioners submits that they were residing with their in-laws and were not aware about death of defendant/respondent 3-Motilal Singh and came to know about the death of defendant 3 on 10/2/2017 by way of notice issued by Lok Adalat. He further submits that the learned Court below has wrongly dismissed the application as barred by limitation of one year, whereas it was barred by only seven months. He submits that the explanation of delay offered in the application was proper and reasonable, which ought to have been accepted by learned trial Court. With these submissions, he prays for allowing the petition.

(3.) Learned counsel appearing on behalf of the legal representatives of respondent/defendant 3-Motilal Singh supports the impugned order and submits that the petitioners/plaintiffs did not move the application within limitation and they were aware about the death of defendant 3, therefore, she submits that the learned Court below has not committed any illegality in passing the impugned order and prays for dismissal of the petition.