STATE BANK OF INDIA Vs. MATA INDUSTRIES,NERCHOWK

JUDGEMENT

(1.) THE brief facts of the case are that plaintiff had filed a suit for recovery of Rs.2,16,115/- against the original defendants. The case of the Bank was that defendant No.1 Mata Industries was a partnership firm and Mohan Singh (deceased) one of the partners had applied for the loan. It was further alleged that after the death of Mohan Singh, the partnership firm was dissolved and reconstituted and thereafter defendant No.2 Appar Singh and defendant No.3 Smt.Toravanti became the partners of the firm with effect from 27.5.1989. Defendants No.4 and 5, Satpal Singh and Jasvinder Singh were alleged to have stood guarantee for the repayment of the loan. All the defendants were represented by one counsel. On 4.6.1999 statement was made by learned counsel for the defendants that defendant No.2 Smt.Toranvanti had expired. Thereafter the counsel for the defendants sought time for bringing on record the legal representatives of said deceased defendant No.2 Smt.Toranvanti. An application under Order 22 Rule 4 CPC was filed to bring on record the legal heirs of deceased defendant No.2 Smt.Toranvanti. The names of all the legal heirs were given. It would be pertinent to mention that defendant No.2 Appar Singh and defendant No.4 Satpal Singh were two of the legal heirs mentioned in this application. The date of death of deceased Smt.Toranvanti was not mentioned in the application nor any prayer was made for setting aside the abatement, if any, of the suit. The learned trial court vide impugned order held that the application was time barred, the suit had already abated and therefore the application for bringing on record the legal representatives of the deceased was dismissed. Hence the present appeal.

(2.) I have heard Sh.K.D.Sood, learned counsel for the appellant and Ms. Kiran Lata Sharma, court guardian for minor respondent No.5.

(3.) THE application was moved soon after the court was informed by the learned counsel, representing all the defendants, that Smt.Toranvanti had expired.