AJIT KUMAR SINGH Vs. DINESH PRASAD SINGH

JUDGEMENT

(1.) This is an application filed under Order I, Rule 10, Order XXII), Rules 4 and 8 of the Code of Civil Procedure (in short the 'Code') end Section 5 of the Limitation Act. It has been filed on Behalf of the appellant -petiticner and has been received in the Court on 13 -5 -1991 (wrongly shown as 15 -4 -1991 by the Bench Clerk) and placed at Flag 'P'.

(2.) In this petition, the petitioner has prayed to condone the delay in filing the application for setting aside abatement and for the substitution of the heirs and legal representatives of the respondents named in this petition According to paragraph 2 of this petition, Respondent No. 17, Ayodhya Prasad Singh, had died on 13 -10 -1989 leaving behind his two sons? three daughters and widow. Out of them, his two sons are already on record as Respondent Nos. 22 and 24 and a prayer has been made for setting aside the abatement and for substituting the names of the widow and three daughters of the deceased Respondent No. 17 in his place.

(3.) From paragraph 4 of this petition, it appears that Respondent No. 21, Rajesh Kumar Singh, had died on 21 -1 -1989 leaving behind his widow, Sunita Devi and minor son, Soni Kumar. It has further been contended that there is no adverse interest between them. In paragraph 6 of this petition it has been stated that Respondent No. 20, Shailesh Kumar Singh, had died on 26 -3 -1991 leaving behind his heirs as mentioned in this petition.