PUNJAB NATIONAL BANK Vs. GOVIND KAUR

JUDGEMENT

(1.) The Appellants, hereinafter referred to as the Defendants, have preferred the present appeal under clause (k) of Rule 1, Order 43, Code of Civil Procedure, against the order dated 25.11.2002 of the learned Additional District Judge, Mandi, refusing to set aside the abatement of the appeal, being Civil Appeal No. 79 of 1996, consequent upon the death of sole Plaintiff-Respondent, Narender Singh.

(2.) Briefly stated, the facts of the case giving rise to the present appeal are these. A decree for the recovery of Rs. 80,392 with cost was passed by the learned Sub Judge Ist Class, Joginder Nagar in Civil Suit No. 65 of 1992 in favour of the Plaintiff and against the Defendants on 5.2.1994. The Defendants feeling aggrieved by the judgment and decree dated 5.2.1994 preferred an appeal. Such appeal came to be registered as Civil Appeal No. 79 of 1996 on the files of the learned Additional District Judge, Mandi, on 16.12.1996.

(3.) During the pendency of the appeal, the sole Plaintiff Narender Singh died on 23.9.2000. Intimation qua the death of the deceased Plaintiff was given to the Court as required under Order 22 Rule 10-A Code of Civil Procedure on 15.6.201. Consequent upon such intimation the Defendants on 26.6.2001 moved two applications, one under Order 22 Rules 23, 9 and 11 Code of Civil Procedure for setting aside the abatement of the appeal and for bringing on record the legal representatives of the deceased Plaintiff, and Anr. under Section 5, Limitation Act, 1963, for condonation of the delay in making the application for setting aside the abatement. It was averred in both these applications that the Defendants were not aware of the death of the Plaintiff and they came to know about the death of the Plaintiff for the first time on 15.6.2001 when intimation in this regard was given by the learned Counsel for the Plaintiff.