KRISHAN LAL Vs. BEANT SINGH

JUDGEMENT

(1.) During the pendency of the regular first appeal No 22/1967, Krishan Lal v. Beant Singh, the respondent died on 23-8-1969 in the P. G. I. at Chandigarh. The appellant did not take any steps to bring on record the legal representatives of Shri Beant Singh deceased, and, therefore, on 8-12-1972 Amrit Singh one of the sons and the legal representatives of the deceased respondent filed an application under Order 22, Rule 4 (3) read with Rule 11 and Section 151, Civil Procedure Code for dismissing the appeal as having been abated. On this application a notice was issued to the appellant for 7-5-1973.

(2.) The appellant, therefore, filed the application purporting to be under Order 22, Rule 4 read with Section 151. Civil Procedure Code for bringing on record the legal representatives of Shri Beant Singh respondent It was averred in this application that Shri Beant Singh expired in Chandigarh hospital on 23-8-1969 during the pendency of the appeal leaving, behind his widow, three sons S/Shri Amrik Singh, Trilochan Singh, and Jagiit Singh, and three daughters Smt. Pritam Kaur, Smt. Parveen Kaur, and Smt. Jaspal Kaur, as his legal representatives.

(3.) In the penultimate para he stated that the appellant came to know about the death of the respondent only on receipt of notice served on him on 7-4-1973 for his appearance on 7-5-1973 in the application of Amrit Singh, son of Shri Beant Singh. After 7-5-1973 he left for Paonta Sahib to ascertain about the names of the legal representatives of Beant Singh, and, thereafter he filed this application on 25-5-1973 and the delay in filing the application for bringing the legal representatives of the deceased was not intentional and that separate application under Section 5 Indian Limitation Act was also filed for condonation of the delay.