OFFICIAL LIQUIDATOR Vs. INDU JAIN AND ORS.

JUDGEMENT

(1.) THE first of the aforesaid two applications filed on 12.4.2010 by the Opposite party No. 13 seeks order of dismissal of the proceedings, namely, Company Application No. 1 of 1991 as having abated completely. The second application is filed by the applicant -Official Liquidator for exempting him from substituting the legal representatives of the deceased opposite party Nos. 3, 4, 8 and 18 who had died during the pendency of the present application under Order 22 Rule 4(4) read with Section 151 of the Code of Civil Procedure on the ground that they have neither appeared nor filed written statement in spite of repeated service of notices and also publication of substituted service in different newspapers.

(2.) BOTH the interlocutory applications being interconnected have been heard together and are being disposed of by this common order.

(3.) IT is the stand of the opposite party No. 13 in his application that no notice had been served upon the opposite party Nos. 2, 3, 4 and 8 as there has been no recording of this Court of completion or otherwise of service on the said opposite parties. It is thus, submitted that the proceedings stand abated in law as against opposite party Nos. 2, 3, 4 and 8 in view of the failure on the part of the Official Liquidator to bring on record the legal heirs of the deceased opposite parties within the statutory time frame provided under the Limitation Act read with the provisions of Order 22 of the Code of Civil Procedure.