NARMADA SHANKAR Vs. BAJRANG LAL

JUDGEMENT

(1.) THIS is an application filed on behalf of the legal representatives of the deceased-respondent No. 1 praying for dismissal of the appeal as having abated since the sole-respondent No. 1-Bajrang Lal S/o Bhuralalji died way back on 20th August 2001 and thereafter no application was filed by the appellant to substitute legal representatives of the deceased- respondent. However, an application which was filed later by the counsel for the appellant for substitution was time barred as it was filed after considerably long delay which was much beyond the statutory period of 90 days prescribed for moving such application.

(2.) THE counsel for the parties were heard on this application but it could be noticed that in view of the amendment introduced in the Code of Civil Procedure 1908 under Order 22, Rule 10-A has been inserted which clearly lays down that it is the duty of the pleader to communicate to the Court regarding the death of a party and thereafter the Court has to give notice of such death to the other parties, as for this purpose, the contract between the pleader and the deceased party is deemed to subsist. It could be noticed that the counsel for the respondent informed the appellant regarding the death of the deceased only after expiry of the period of 90 days and the application for substitution from this date has been filed within a period of 90 days.