NARAIN DASS Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) Vide petition under Article 227 of the Constitution of India prayer has been made for setting aside the order passed by Sub Judge 1st Class dated 25.10.1994.

(2.) Briefly put, Punjab and Sind Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 filed a suit for recovery of Rs. 2,80,791/- against respondents M/s Hazari Lal Sham Lal and others including Mangal Chand guarantor. This suit was filed on 11.4.1989, Mangal Chand died on 28.1.1990 but the factum of his death was never brought to the notice of the Court and so the court proceedings continued to be recorded and finally the case was fixed for final arguments on 25.10.1994. It is on 20.10.1994 that an application was filed on behalf of Sarvshri Narain Dass, Tikam Chand, Ramesh Kumar and Gobind Pal sons of Mangal Chand seeking permission of the Court to be impleaded as his legal representatives on the basis of Will dated 25.1.1990. Trial Court declined the application on the ground firstly that the application is without affidavit and secondly that the applicants have not applied for setting aside the abatement proceedings and the present application is hopelessly barred by limitation.

(3.) With a view to seek reversal of the order, learned counsel for the petitioner has primarily relied upon Order 22 Rule 4 CPC as amended by this Court. According to the Counsel, in view of the amendment, there is no limitation for filing the application for bringing on record the legal representatives of the deceased defendant/respondent. Since the pendency of the suit was not known to the petitioner, the bar of limitation could not be pressed thereby depriving the petitioner of his valuable right to come on record and contest the suit. According to the counsel, the order impugned being contrary to the statutory provisions is patently illegal and non-nest and so this Court under supervisory jurisdiction can quash the same.