MD AYUB ALI Vs. ALAMGIR KHAN

JUDGEMENT

(1.) I have heard the learned counsel for the appellant on interlocutory application No. 6262 of 2011.

(2.) This application has been filed under Order 22 Rules 3 and 11 of the Code of Civil Procedure read with Section 5 of the Limitation Act by the appellant. It is stated that appellant No. 5, Bibi Mehrun Nisa died on 10.6.2008 leaving behind the legal representatives as mentioned in detail in paragraph 1 of the said application. The interlocutory application has been filed on 12.9.2011.

(3.) At paragraph 4, it has been stated that the deceased appellant No. 5 was living with her husband, Sheikh Abbash at Pirpaiti and doing business. Appellants as such were not aware about the pendency of the appeal in this Hon'ble Court. Likewise at paragraph 5, it has been stated that recently appellants during Ramzan came after years to Patna and knew about pendnecy of the appeal and appearing by filing this application. Therefore, it was prayed for condoning the delay and also for setting aside abatement.