THAKUR Vs. SARVAN SINGH AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India takes exception to the order passed by learned Civil Judge (Senior Division), Sarkaghat, District Mandi, H.P. on 10.8.2017 whereby he condoned the delay of more than 8 years and allowed the application under Order 22, Rule 3 and 9 of the Code of Civil Procedure (for short Code) filed by the respondents/plaintiffs for bringing on record the legal representatives of deceased Parkash Chand.

(2.) It is not in dispute that during the pendency of the Civil Suit one of the plaintiff Ramesh Chand expired on 15.12.2009 and an application for bringing on record his legal representatives was filed on 20.12.2010. This application was allowed by the learned Civil Judge vide order dated 7.10.2014 and the same was assailed before this Court by way of CMPMO No. 18 of 2015. Notices in this petition were issued to the plaintiffs and it was then that it came to light that one of the other plaintiff Parkash Chand had also expired way back in the year 2009. Even though the aforesaid CMPMO was eventually dismissed, however, during the pendency thereof, this Court had allowed the legal representatives of deceased Ramesh Chand to be brought on record.

(3.) As regards the application for bringing on record the legal representatives of deceased Parkash Chand admittedly the same was filed after more than 8 years and the learned trial Court has allowed the application mainly on the ground that even this Court in similar circumstances allowed the legal representatives of deceased plaintiff Ramesh Chand to be brought on record. This would be evidently clear from the following observations: