KALPANA PANDEY (SMT) & ORS. Vs. BHEEKAM PRASAD

JUDGEMENT

(1.) IN pursuance to order dated 04.12.2013; wherein, in the given circumstances, learned counsel appearing for the petitioner was called upon to show cause as to why he be not proceeded against for demeaning the majesty of the Court.

(2.) LEARNED counsel for petitioner submits that realising the mistake, he immediately after passing of the order had tendered unconditional apology and the same has been gracefully accepted by learned Judge. Civil Procedure Code (5 of 1908), Order 22 Rule 4 - Legal Representatives - Plaintiff filed suit for specific performance of Contract -Application for bringing Legal Representatives of sole defendant on record was filed belatedly and without any application for condonation of delay -Trial Court allowed the application - Held - Filing of application for condonation of delay is mandatory - Ignorance of legal consequence without something more would not be sufficient to condone a huge delay - As application for condonation of delay was not filed Trial Court committed error in allowing the application for bringing Legal Representatives on record - Petition allowed. (Paras 9,10,13,16 & 18)

(3.) LEARNED counsel appearing for respondent has no grievance against the counsel appearing for the petitioners.