KENNETH ARTHUR VARDON WILSON Vs. RATAN MAROTHIA

JUDGEMENT

(1.) This is an appeal from a judgment and order dated 6th August, 2006, passed by the Court of the first instance. By such judgment and order the application of Kenneth Arthur Vardon Wilson for dismissal of the plaintiffs suit has been dismissed. FACTS:

(2.) Kenneth is the appellant before us. The point involved in the suit is short but very important. The question to be answered is when, on the death of the defendant, an application for substitution of her legal representative has been made within time and allowed, but the amendment not carried out within the time stipulated by the order, would the suit abate ?

(3.) The suit is of 1990. In the suit, the respondent/plaintiff claims specific performance of an agreement dated 2nd January, 1989 for sale of premises No. 6 Chowringhee Lane, Kolkata, against the defendant Mrs. Helen Wilson, being the mother of Kenneth. On 11th October, 1993 the defendant died. On 6th January, 1994 the plaintiff/respondent filed an application to record the death and for.substitution of Kenneth and his brother Norman William Wilson and one Dr. Narinder Kohli as defendants in place and instead of the deceased defendant.