CHETNA YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant on the application under Order XXII, Rule 9 CPC read with Sec. 5 of the Limitation Act.

(2.) In this appeal, respondent No. 3 - Naveen, owner of the insured vehicle, had expired. Thereafter, an application under Order XXII, Rule 4 CPC was filed by the appellant on 17/4/2015 for taking legal heirs of respondent No. 3 on record.

(3.) Notices of application under Sec. 5 of the Limitation Act as well as application under Order XXII, Rule 4 CPC to the proposed legal heirs of respondent No.3 were issued, who expired about 20 years back. However, notices could not be served upon them. Thus, this application has been filed after lapse of 20 years of death of deceased respondent No. 3, who is owner of the insured vehicle.