JASWANTI AND ORS. Vs. GRAM PANCHAYAT AND ORS.

JUDGEMENT

(1.) CM No.3323-C of 2012.

(2.) This is an application under Order 22 Rule 3 read with Section 151 of Code of Civil Procedure for bringing on record the legal representatives of Ramji Dass son of Sh. Mirwa Ram. It is stated that Ramji Dass has expired on 25.08.2009. There are no other legal representatives as mentioned in the paragraph 3 of the application. For the reasons stated in the application, the legal representatives of Ramji Dass are directed to be brought on record for the purpose of prosecuting the appeal.

(3.) This is an application under Section 5 of the Limitation Act seeking condonation of delay of 899 days in filing the present appeal. It is stated that the suit was filed under Order 1 Rule 8 CPC of the Code of Civil Procedure in representative capacity. Ramji Dass is stated to have been expired on 25.08.2009 whereas the judgment and decree of the Lower Appellate Court was passed in 2010. Still the appellants i.e. legal representatives of Ramji Dass did not know about the outcome of the judgment. It is only in the month of January in the year 2012 when the Gram Panchayat started numbering the eucalyptus trees. Legal representatives of the Ramji Dass acquired knowledge of the decree and thereafter the present Regular Second Appeal had been filed in the month of February, 2012. In support of the contentions, the auction notice of 392 trees of Safeda (Annexure A-1) which was held in October, 2012 is also annexed. The reasoning and the explanation giving in seeking the condonation of delay of 899 days in filing the present appeal is plausible and does not suffer from any mala fide or ignorance.