BANO BEE Vs. YUSUF

JUDGEMENT

(1.) Heard on IA No.1382 of 2014 which is an application for condonation of delay in filing the appeal under Sec. 5 of the Limitation Act, 1963. The delay is of 66 days.

(2.) The brief facts of the case was that the appellants have filed the civil appeal before the First Additional District Judge, Jaora, District-Ratlam (MP) against the respondents. During the pendency of the appeal, the respondent No.1 Ismail Khan has passed away then the appellant has filed an application for bringing the legal representatives of dead respondent No.1 on record under Order 22 Rule 4 CPC and under Order 22 Rule 9 CPC and Sec. 5 of Limitation Act, 1963.

(3.) After hearing counsel for both the parties, the first appellate court has dismissed the application on the ground that the application for bringing the legal representatives of dead respondent No.1 is not within time and the application for condonation of delay has not been properly explained and hence appeal is abated with regard to dead respondent No.1.