WARIBAM NINGOL DHANESHWORI DEVI Vs. ATHOKPAM

JUDGEMENT

(1.) MC (RSA) No.6 of 2017 has been filed by the petitioner under Section 5 of the Limitation Act to condone the delay of 328 days in filing MC (RSA) No.5 of 2017.

(2.) MC (RSA) No.5 of 2017 has been filed under Order 22, Rule 4 of CPC to bring on record the legal heirs of the deceased first respondent.

(3.) It is submitted on behalf of the appellants that the first respondent in the appeal died and they came to know about the death of the first respondent only on 4.4.2017 and immediately they have filed application to bring on record the legal heirs of the deceased first respondent. It is also submitted that by way of abundant caution, the appellants have filed MC (RSA) No. 6 of 2017 to condone the delay of 328 days counting from the date of death of the first respondent. Thus, the contention of the appellants is that if the statutory period of 90 days for filing petition to implead the legal heirs is taken into consideration from the date of knowledge, then the petition is within time.