CHANDRA PRAKASH DUGAR Vs. BHAGATPUR TEA COMPANY LTD

JUDGEMENT

(1.) WE have heard the learned counsel for the parties and perused the pleadings.

(2.) THIS appeal has been filed by the son of the deceased, defendant no. 2 impugning the order dated 25th September, 2009 passed by the Learned Single Judge allowing the application of the plaintiff for bringing on record the legal heirs and representatives of the deceased, defendant no. 2.

(3.) THE application was disposed of by the Learned Single Judge by order dated 9th September, 2008 by recording the death of defendant no. 2 and the 'karta' of defendant no. 1. The Court also observed that it would be open to the plaintiff to apply for substitution upon ascertaining the names of the legal heirs of the deceased, defendant no. 2. The period of 60 days for seeking setting aside of abatement also expired on 13th October, 2008. Thereafter, the plaintiff took out another application being G.A. No. 83 of 2009 for substitution of the appellant as legal heirs, with the prayer for condonation of delay and setting aside abatement. However, in the application, no explanation was give for explaining the delay or any sufficient cause as to why the delay ought to be condoned.