PADMA DEVI Vs. GANDHARI (DECEASED) AND OTHERS

JUDGEMENT

(1.) This order shall dispose of an application filed by the appellant-applicant under Order 22 Rules 4 and 9 of the Code of Civil Procedure read with Section 5 of the Limitation Act for brining on record the legal representatives of deceased respondent No.1 Gandhari. It is averred that respondent No.1 though expired on 1.12.2016, but the applicant was not aware of her death, and therefore, could not file an application before 17.7.2018 and the same is barred by 1 year, 4 months and 18 days. It is further averred that the applicant was not in speaking and visiting terms with deceased Gandhari and moreover the applicant is suffering from paralysis and bed ridden. It is in the given facts and circumstances of the case, condonation of delay and setting aside of abatement was sought.

(2.) The respondent contested the application by filing reply wherein it was pointed out that deceased was the real sister of the applicant and at the time of her death, the relations including applicant had visited the family of deceased at Sundernagar, and therefore, was fully aware of the death of deceased Gandhari.

(3.) The applicant thereafter filed rejoinder wherein it was averred that Smt. Gandhari was residing at Sundernagar where she died at village Bahot, whereas the applicant was residing in Bhagwan Mohalla, Mandi. The applicant, being old and ailing lady was unable to speak, had no knowledge of the death of deceased Gandhari. Thereafter the applicant filed counter affidavit to the reply that had been filed on the affidavit of LR-1(a) Pranjal Kumari wherein it was averred that on the death of Smt. Gandhari even the real son, namely, Manjul Bhardwaj was not informed about such death though he was working at Bhunter.