RAMAN WASAN Vs. JATENDER NATH SHARMA AND OTHERS

JUDGEMENT

(1.) Both the above mentioned appeals being OSA Nos. 15 of 2006 and 1 of 2007, arise out of a single judgment dated 03.11.2006, rendered by a learned Single Judge of this court in Civil Suit No. 12 of 1999, Jatender Nath Sharma and another Vs. High-seas Holding Pvt. Ltd. & others .

(2.) It shall be pertinent to observe at the very outset that indisputably proforma respondent No. 4, Air Marshal G.B. Singh, in OSA No. 1 of 2007, who was appellant No. 2 in OSA No. 15 of 2006, has died on 26.07,2008. It is also not in dispute that his legal representatives (LRs) have already been brought on record in OSA No. 15 of 2006, vide order dated 01.10.2010, passed by this court in CMP(M) No. 1238 of 2008.

(3.) On 28.4.2010, the appellant moved CMP(M) No. 1258 of 2011 under Order 22, Rule 4 read with Sections 2(11) and 151 of the Code of Civil Procedure, 1908 (in short ‘CPC’) and CMP(M) No. 1259 of 2011 under Sec. 5 of the Limitation Act, seeking to bring on record LRs of deceased proforma respondent No. 4, Air Marshal G.B. Singh in OSA No. 1 of 2007, by condoning the delay in making the prayer for representation of the LRs on the following grounds set up vide para 3(i) to (iv) of CMP(M) No. 1259 of 2011:-