MISRA BIBI Vs. MOHD. HUSSAIN MALIK & ORS.

JUDGEMENT

(1.) Through the medium of MP No. 04/2014, applicants Safia Bano and Sona Begum seek substitution as legal representatives of appellant-Misra Bibi Alias Begum who is stated to have expired in the year 2006. Substitution is sought on the ground that the applicants are the daughters and only legal representatives of deceased-Misra Bibi who were not aware about the pendency of Letters Patent Appeal before this Court. It is averred in the application that the applicants after their marriage were living separately and they were not aware about the pendency of LPA; that they only came to know about the fact in March, 2014 when they were contacted by learned counsel for the deceased-appellant. It is contended that the applicants' right to sue survives and being legal representatives of deceased-appellant they are entitled to be brought on record in place of deceased-appellant.

(2.) Respondents have opposed the motion on the ground that as per the documents placed on record by the applicants, the appellant-Misra Bibi died on 12.05.2006, but substitution was sought on 28.03.2014 i.e. after a delay of about 08 years from the date of death of deceased-appellant. It is contended that the application is barred by limitation and the appeal stands abated. Respondents have also pleaded that applicant No. 2-Mst. Safia Bano was residing with the deceased-appellant even after the formers marriage in House No. 263 Mohalla Dalpatian, Jammu which was in possession of deceased-appellant and she continued to live in the same house. Thus, there is no ground for allowing the application.

(3.) There is no representation for the appellant. Record was perused and audience was granted to learned counsel for the respondents.