SIDDHESHWAR Vs. NANURAM

JUDGEMENT

(1.) THIS is an application purporting to be under Order 1 rule 10 or Order 41 rule 20, Civil Procedure Code or in the alternative for exercise of inherent powers under section 151 of the Civil Procedure Code filed by the appellant. The respondent Nanuram died on 10 -7 -1959 leaving behind his widow Mst. Basantibai. Therefore an application for substitution was filed on 7 -9 -1959. On behalf of Basantibai a reply dated 31 -12 -1960 was filed wherein it was alleged that the death of Nanuram took place before 10 -7 -1959. However, she failed to disclose the exact date of death. She also denied the allegation that she was the keep of Nanuram. Further she alleged that Nanuram had left behind his brother Kanhaiyalal.

(2.) AN entry from register of births and deaths (Ex. P -1) was produced wherein the fact of Nanuram's death is recorded in the entry made on 26 -6 -1959 The learned appellate Judge held that the death took place on 26 -6 -1959 and the application filed on 7 -9 -1959 was within time. It was also held that Basantibai was the legal representative whose name was directed to be brought on record.

(3.) UPON notice of the said application being issued to the other side Shri S. L Dube counsel for Mst. Basantibai has opposed the application. The question, therefore, arises whether Mst. Basantibai can be shown as a respondent in the memorandum of appeal in this Court and whether she can be impleaded now after the period of limitation.