GULAB DASS Vs. KALU RAM

JUDGEMENT

(1.) CMP (M) No. 169 of 2010 is an application under Order 22 Rules 3, 9 Code of Civil Procedure read with Section 5 of the Limitation Act for condonation of delay, setting aside abatement and bringing on record legal representatives of sole Appellant Gulab Dass died on 17.09.2002. The application has been filed by Anu Lal and Asil Chand. The file of RFA No. 57 of 2000 has also been perused. It has been alleged that Gulab Dass had allegedly executed a Will in favour of Anu Lal and Asil Chand, a submission has been made that Anu Lal and Asil Chand may be brought on record in the present appeal as legal representatives of Gulab Dass after condoning delay and setting aside abatement.

(2.) IT has been stated that there is delay of about 7 years in filing the application. The delay has occurred due to bonafide error and not due to intentional lapse. The applicants were not negligent in any manner. Lapse, if any, on the part of the applicants may be condoned. In RFA No. 57 of 2000, an application under Order 22 Rules 3, 9 for bringing on record legal representatives of Gulab Dass being CMP (M) No. 38 of 2008 was filed along with CMP(M) No. 39 of 2008 for condonation of delay. This Court allowed CMP (M) No. 38 of 2008 and CMP (M) No. 39 of 2008 on 22.04.2008 and legal representatives of Gulab Dass were brought on record in that appeal. Similarly, for bringing on record legal representatives of Kalu Ram and Shyam Lal CMP(M) Nos. 614 and 615 of 2000 were allowed by this Court on 21.03.2001 in RFA No. 57 of 2001.

(3.) REPLY has been filed in CMP (M) No. 169 of 2010. It has been stated that Gulab Dass had died on 17.09.2002 and the appeal has automatically abated. The pendency of the appeal was very much within the knowledge of the applicants including Anu Lal, son of Gulab Dass through whom the present appeal was filed. Respondent No. 2 Kalu Ram had died on 16.03.1999. The legal representatives of Kalu Ram were brought on record in RFA No. 57 of 2000 on 21.03.2001. The application is not maintainable, which is highly belated. The applicants failed to take steps for bringing on record legal representatives of Gulab Dass and Kalu Ram even though in RFA No. 57 of 2000 the legal representatives of Gulab Dass and Kalu Ram were brought on record long time back. The Will in favour of Anu Lal and Asil Chand has been denied for want of knowledge. The prayer has been made for dismissing the application.