DEVKI BAI Vs. ADDITIONAL DISTRICT JUDGE AND OTHERS

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 9th July, 2010, whereby the Additional District Judge (Fast Track) No.4, Ajmer allowed the application filed by the plaintiff-respondents no. 2, 3 and 4 under Order 22 Rule 4 CPC and took the legal representatives of deceased respondent no. 5 Shyam Sunder on record.

(2.) Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order , it is noticed that the fact of death of Shyam Sunder was disclosed by the defendant-petitioner for the first time on 5.3.2009 and immediately thereafter within ten days, the plaintiff-respondents filed the application under Order 22 Rule 4 CPC to bring the legal representatives of deceased respondent no.5 on record.

(3.) Under Order 22 Rule 10 A CPC, it is the duty of the pleader to communicate to the Court regarding the death of a party. In the instant case, the fact of death of Shyam Sunder was disclosed by the defendant-petitioner for the first time on 5.3.2009 and within the prescribed period of 90 days, the plaintiff-respondents moved the application. Hence, it could not have been said that the application was filed belatedly and suit was abated.