PNB Vs. HILTON PLATORS

JUDGEMENT

(1.) This order shall dispose of these three applications. CMP (M) No. 14 of 95 has been filed under Order 22 Rule 4 of the Code of Civil Procedure with the prayer tabling on record the legal representatives of the deceased defendant No. 4. OMP No. 353 has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing the above said application. OMP (M) No. 15 of 95 has been filed under Order 22 Rule 9 of the CPC for setting aside the abatement admittedly, a suit filed by the plaintiff -Bank is pending in this Court for the recovery of the amount against the defendants.

(2.) Sh. A.K.S. Bedi has been impleaded as defendant No.4 and is said to be the guarantor in respect of the loan. In the application to bring on record the legal representatives, it has been said that in the month of September, 1994 learned counsel for the plaintiff was informed about tae death of defendant No 4 and it is thereafter learned counsel has been writing repeatedly to the Branch Manager of the Bank. Reference has been made to letters dated 17th October, 1994,1st December, 1994,16th Feb., 95 and 9th May, 1995.

(3.) Surprisingly, the application does not contain the date of death of defendant No. 4. The dab of death as given in the reply is 5th April, 1994. The application has been moved on 18th June, 1995.