PRAN NATH MEHTA Vs. UMI SETH

JUDGEMENT

(1.) Instant petition, invoking provisions of Article 227 of Constitution of India, has been preferred by defendant No.1 Pran Nath Mehra against the order dtd. 17/7/2019, passed by the Civil Judge Manali, District Kullu, in an application filed by proposed plaintiff Sanjay Seth, the legal heir of deceased plaintiff No.1 Umi Seth in Civil Suit No. 63 of 2014 titled Umi Seth and others vs. Pran Nath Mehra and others, whereby Trial Court has allowed the substitution of deceased plaintiff Umi Seth through her legal heirs after condonation of delay.

(2.) Main pleas to assail the aforesaid order are that application under Order 22 Rule 3 CPC was filed at belated stage, that too without accompanying an application under Sec. 5 of Limitation Act for condonation of delay and also without filing an application for making any prayer for setting aside the abatement of suit on account of death of plaintiff No.1 Umi Seth. It has been contended that applicant, being son of Umi Seth, had knowledge about death of his mother but he failed to file the application within time and the Trial Court without framing any issue, holding any inquiry with respect to existence of sufficient cause, has condoned the delay merely on conjectures. It has been further contended on behalf of defendant No.1/petitioner that Trial Court has committed grave illegality and material irregularity by directing to bring on record only one of legal representatives of deceased plaintiff Umi Seth, whereas other legal heirs are also there.

(3.) In present matter, three plaintiffs, including plaintiff No.1 Umi Seth preferred a suit on 2/8/2014 seeking declaration that they are in exclusive joint ownership and possession of suit land, whereas defendant is only trustee of said land as per Will dtd. 14/5/1998 executed by Ram Nath Mehta and defendant Pran Nath Mehta has no individual right to transfer title and interest of any kind therein, with consequential relief for permanent prohibitory injunction restraining the defendant Pran Nath Mehta from causing any kind of interference in the use of suit land by plaintiffs.