BALCHAND PRASAD Vs. BBAGIA DEVI

JUDGEMENT

(1.) This is a petition by the appellant under Order 22, Rule 9 and Section 151 of the Code of Civil Procedure read with Section 5 of the Limitation Act for setting aside the abatement and for substitution the legal representative of respondent No. 9 as mentioned in Para 1 (a) in place of deceased respondent No. 9.

(2.) As it appears respondent No. 9 Surendra Prasad died on 6-2-1986 as a result of which the appeal notice issued to him was returned back with the report that he has died. Since the legal representative of respondent No. 9 was not substituted in his place in time order dated 15-12-1986 was passed regarding, abatement of the appeal as against the heirs of deceased respondent No. 9. Subsequently, on 28-4-1987 the petition under consideration was filed on behalf of appellant with the above mentioned prayer.

(3.) In the petition it has been stated that the appellant knew about the death of respondent No. 9 but he being a rustic villager could not understand the implication and was not knowing that any steps is required to be taken and as such he did not inform his counsel about the death. It has been further stated that when they received a letter of his counsel on 24-4-1987 in this regard he met him on 27-4-1987 and then the petition under consideration was filed. The delay in filing the petition has been attempted to be explained in the aforesaid manner.