GIRJA DEVI Vs. GAUTAM GANGULI

JUDGEMENT

(1.) This appeal is, directed against the order dated 18.4.1995 of the 1st Additional District Judge, Deoghar, rejecting the application of the Appellants, for setting aside the abatement under Order 22 Rule 9 Code of Civil Procedure.

(2.) It appears that the Respondent No. 1 and one Uttam Kumar Tikmani filed Title Suit No. 50/85 in the court of Sub-Judge, Deoghar, which was decreed. The Appellants filed Title Appeal No. 10/13 of 1990/1992 before the District Judge. Deoghar, which was transferred for disposal to the 1st Additional District Judge, Deoghar. On 30.6.1992 the Appellants moved a substitution application stating that Uttam Kumar Tikmani had died adout one month ago leaving behind his widow and minor children as his heirs but they did not know their names, and, as such, the Respondents be directed to supply the same. On 30.11.1993 the Respondents moved an application stating that Uttam Kumar Tikmani died on 1.6.1992 but his heirs were not brought on record within the prescribed period of limitation and, as such, the appeal stood abated. The Appellants filed counter affidavit stating that the Respondents have not given the names of the' heirs of Uttam Kumar Tikmani, although according to their information he died issueless. It was prayed that the Respondents be directed to furnish details of the heirs of Uttam Kumar Tikmani. On 15.4.1995 the Appellants moved Anr. substitution application giving the names of all the heirs of the deceased along with an application for condonation of delay. The 1st Additional District Judge, Deoghar, refused to set aside the abatement of the appeal on 18.4.1995. Feeling aggrieved the Appellants have filed this appeal.

(3.) Heard the learned Counsel for the parties and perused the record.