MANJU SINGH AND ORS. Vs. CHAMPA MAHAJAN

JUDGEMENT

(1.) CHALLENGE herein is to an order passed on 7.9.2013 by learned Civil Judge (Junior Division), Dalhousie in an application under Order 22 Rule 9(2) read with Section 151 CPC registered as CMA No. 57 of 2009 whereby the application has been allowed on condonation of delay as well as setting aside the abatement. The petitioners herein, legal representatives of deceased defendant Ranjeet Singh, have been ordered to be brought on record as defendants.

(2.) THE challenge to the impugned order is on the grounds inter alia that the application being hopelessly time barred has been allowed by liberally construing the question of delay and also misreading the facts of the case and also the evidence available on record.

(3.) LEARNED counsel, while fairly submitting that in an application of this nature, the question of delay is to be construed liberally, has, however, urged that in this case when the factum of death was well within the notice of respondent -plaintiff, the application should have been filed at an appropriate stage during the pendency of the suit. On the death of the defendant and for want of consequential steps, the suit had abated and on the abatement of the suit, a valuable right accrued in favour of the petitioners -defendants, which, according to learned counsel, should have not been taken away by construing the question of delay liberally.