DOLATRAM DEVAJI Vs. KISHAN GANGARAM

JUDGEMENT

(1.) The application of the appellant under Order XXII. Rule 9, Civil Procedure Code read with Section 5 of the Limitation Act, 1963 is being decided by this order.

(2.) Respondent No. 1 Kishan died on 27.7.1993 and respondent No. 2 Dayaram died on 8.8.1993 during the pendency of this second appeal. Learned Counsel (or the other respondents brought it on record by an application submitted on 8.5.199!) regarding the death of the respondent Nos. 1 and 2 on the dates mentioned above. The appellant submitted the application under" Order XXII, Rule 9, Civil Procedure Code read with Section 5 of the Limitation Act. 1963 on 3.8.1996. Thus there was, delay of 15 months from the date it was brought on record the fact of the death of the two respondents. The Trial Court also on a direction from this Court recorded a finding in the report dated 30.7.1997 that the appellant had the knowledge of the death of these respondents in the year 1993.

(3.) The appellant amended his original application under Order XXII, Rule 9, Civil Procedure Code and pleaded that the appellant is a farmer in a village and for the first time he came to know from the letter dated 30.7.1996 that it is necessary under law to bring the legal representatives of the two deceased-respondents on record.