CHANDMUNI Vs. BISHWANATH PRASAD

JUDGEMENT

(1.) The appellants of the instant second appeal have filed LA. No. 5183 of 2010, kept at flag-'A', on 21.5.2010, under Order 22 Rule 3(1) read with Section 151 of the Code of Civil Procedure (in short "C.P.C."), praying therein for expunging the name of deceased appellant no. 1 (i), Chandmuni @ Chandmuni Devi, from the array of the parties in the memo of appeal and for substituting her legal heirs and representatives, whose details have been given in paragraph-2 of the aforesaid interlocutory application. It has been stated that appellant no. 1(i), Chandmuni @ Chandmuni Devi, has died during the pendency of the instant second appeal on 7.1.2006, leaving behind her two sons and one daughter, as her legal heirs and representatives, fully detailed in .paragraph-2 of the said interlocutory application.

(2.) I.A. No. 5180 of 2010, at flag-B, has also been filed on 21.5.2010 on behalf of the appellants under Order XXII Rule 9(2) C.P.C. praying therein for setting aside the abatement of the instant second appear as against deceased appellant no. 1(i), Chandmuni @ Chandmuni Devi, due to non-filing of a substitution petition within statutory period of time for expunging her name from the cause title and for substituting her legal heirs and representations, whose details have been given once again in paragraph-2 of the aforesaid interlocutory application. However, the names and addresses of the legal heirs and representatives of deceased appellant no. 1(i), Chandmuni @ Chandmuni Devi, are exactly same and common as stated in LA. No. 5180 of 2010 as also in LA. No. 5133 of 2010, referred to above.

(3.) LA. No. 6153 of 2010. at Flag-K. has been filed on 19.7.2010 on behalf of the appellants under Section 5 of the Limitation Act, 1963 praying therein for condonation of delay in filing the substitution petition for substituting the legal heirs and representatives of the deceased appellant no. 1(i), Chandmuni @ Chandmuni Devi, as also for condonation of delay in filing the petition for setting aside an order of abatement of instant second appeal with respect to deceased appellant no. 1(i), Chandmuni.