HEERA LAL Vs. TIJABAI

JUDGEMENT

(1.) HEAR on LA. No. 3133/09, appellant's application under Section 5 of the Limitation Act for condoning the delay in filing the proceedings for setting aside the abatement of the appeal caused on account of non-taking the appropriate steps for bringing the legal representatives of deceased respondent No. 2 on record within the prescribed period. The same is filed barred by near about ten years.

(2.) THE appellant being aged 87 years is not physically well person. He did not aware about the legal position that after the death of respondent No. 2, the appropriate steps to bring her legal representatives on record was necessary. Hence, since 1998 he did not consult the Counsel in this regard. On receiving the information in this regard from the Counsel on 23-3-09 immediately he came to Jabalpur then he came to know about the aforesaid. On which alongwith this I.A. the proceedings for setting aside the abatement of the appeal and also for bringing the legal representatives of deceased respondent No. 2 on record is filed. In such premises the prayer for condoning the delay of round about 10 years in filing such proceeding is made.

(3.) HAVING heard the Counsel, on perusing the record and the averments of the application, it is apparent that the appellant being person of more than 80 years of the age is a resident of village area of Tehsil and District Hoshangabad, he also appears to be an uneducated person and agriculturist. In such background of the appellant, it could not be inferred that in spite knowing the legal procedure he did not take the appropriate steps. In such circumstances, in my opinion this I.A. must be considered by adopting some lenient view with justice oriented approach. My such view is fully fortified with the principle laid down by the apex Court in the matter of Ram Sumiran and others Vs. D.D. C. and others, reported in AIR 1985 SC 606. In such case, taking into consideration that the concerned appellant's being uneducated rustic villagers were the agriculturists and did not aware with the legal position about bringing the legal representatives on record, the delay of 6 years in filing the applications for setting aside the abatement and bringing the legal representatives, on record was condoned.