SURAJKUND TEMPLE IDOL Vs. SHRI HARI KISHAN ETC.

JUDGEMENT

(1.) In the Civil Suit. No. 9/70, Shri Had Kishan Dyalu, Defendant No. 1 died on 19 -1 -1972, leaving behind his legal representatives as mentioned in the application. The Plaintiff filed O.M.P. No. 37 on the 18th of April, 1972, for bringing the legal representatives on the record. This application was returned on the same day as it was not accompanied with an affidavit. It was ordered to be re -filed within four days. The Petitioner filed the same duly accompanied with an affidavit on 11 -5 -1972.

(2.) This application was opposed by the Defendants on the ground that it was barred by time having been filed on the 11th May, 1972, and that there was no sufficient cause pleaded much less proved for making an application at a belated stage. Further it was contended that the application having been presented after the expiry of the limitation, there being no prayer for setting aside the abatement, the application was liable to be dismissed.

(3.) On 5 -9 -1972, the Plaintiffs filed O.P.M. 109, purporting to be under Order 22, Rules 4, 9 and Sec. 151 of the Code of Civil Procedure read with Sec. 5 of the Limitation Act for condonation of the delay in filing the affidavit and for setting aside the abatement, if any. This application was opposed.