MADANLAL LRS. SMT. DURGAWATI Vs. LAXMINARAYAN @ LAXMAN

JUDGEMENT

(1.) Heard on I.A. No. 126/2016 (application under Order 22 Rule 4 read with Section 151 of the CPC), 128/2016 (application under Order 22 Rule 9 read with Section 151 of CPC) and 127/2016 (application under Section 5 of the Limitation Act).

(2.) The aforesaid three applications have been filed on account of death of respondent No. 1/plaintiff - Laxminarayan. He died on 23.01.2002. Notices were issued to the proposed legal heirs and Shri Mahesh Narayan Tiwari, learned counsel has filed Vakalatnama on behalf of legal heirs and also filed reply to the aforesaid three applications. Since, there is a delay in filing the application under Order 22 Rule 4 read with Section 151 of the CPC, therefore, application under Order 22 Rule 9 read with Section 151 of the CPC and application under Section 5 of the Limitation Act have also been filed.

(3.) According to the appellant, present second appeal was filed and vide order dated 05.02.1985 this appeal was admitted for final hearing. Notices were issued to the respondents. On 16.08.2001 counsel for the respondent No. 1 informed the Court about the death of respondent No. 2 Bal Krishna but the date of death was not disclosed. The appellant was directed to take necessary steps for bringing the legal heirs of deceased Bal Krishna on record. On 31.08.2001 time was sought to file appropriate application for bringing legal representatives of respondent No. 2 Bal Krishna on record. Again one month's time was granted on 22.10.2001 to take appropriate steps.