JAGANATH PRASAD GUPTA Vs. CHANDRIKA PRASAD GUPTA

JUDGEMENT

(1.) Heard Mr. R.L. Yadav, learned counsel appearing for the applicants as well as Ms. P. Bhattacharjee, learned counsel representing the respondents. This an application under Sec. 5 of the Limitation Act praying for condonation of delay of 3213 days in substituting the legal heirs of the appellant no. 1 late Jagannath Prasad Gupta.

(2.) Late Jagannath Prasad Gupta and his three brothers jointly filed the appeal challenging the judgment and decree passed by the Civil Judge, Sr. Division, Bongaigaon in T.A. No. 5/1999 reversing the judgment and decree passed by the Civil Judge, Junior Division, Bongaigaon in T.S. No. 61/1994.

(3.) After filing of the appeal, the appellant Jagannath Prasad Gupta died on 27/1/2010. It has been submitted that his children used to reside in the State of Tripura where they were doing petty business for living. The other appellants, though they were the brothers of Jagannath Prasad Gupta, never informed his children about the pendency of the appeal. They somehow came to know about the appeal and in the year 2015, they filed a petition under Order 1 Rule 10(2) of the Code of Civil Procedure praying for impleading them as appellants in place of their deceased father Jagannath Prasad Gupta.