AMRO Vs. PARBATI

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 8.10.1996 passed by the Court of Additional District Judge, Ambala who affirmed the order dated 8.10.1992 passed by Sub Judge IInd Class, by holding that the suit of the plaintiff abated.

(2.) SOME facts can be noticed in the following manner. The suit was instituted in the trial Court by Smt. Purni widow of Shri Rulia Ram. She died on 24.11.1991. According to the law of limitation, the application for bringing her L.Rs. on record could be instituted within 90 days of her death i.e. up to 24.2.1992. The application was moved on 3.8.1992 and it was held that since the application was filed beyond the period of limitation and that there was no sufficient cause for the condonation of delay, therefore, the suit of Smt. Purni stood abated.

(3.) I have heard Shri K.G. Chaudhary, Advocate, on behalf of the petitioner and Shri C.B. Goel, Advocate, on behalf of the respondent and with their assistance have gone through the record of the case.