SURAJ KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is listed before this Court for disposal of application moved under Order 22 Rule 3 CPC alleging therein that petitioner No. 1 Suraj died on 27. 10. 92 leaving behind three sons, two daughters and widow Smt. Chuka Devi. It is also alleged that Sarva Shri Rupa, Sohan Ram and Gudad are already on record as petitioner Nos. 2 to 4. Only two daughters and widow of late Shri Suraj Karan ought to be taken on record as heirs and legal representatives of deceased petitioner No. l.

(2.) A reply has been filed on behalf of the respondent No. 5 opposing the aforesaid application moved by the remaining petitioners on the ground that the application moved by the petitioner under Order 22 Rule 3 CPC is barred by limitation. It is further alleged in the objection that since the remaining petitioners failed to move the instant application under Order 22 Rule 3 CPC within 90 days, therefore, the present petition is automatically abated.

(3.) IN support of his aforesaid contention the learned counsel , for Respondent No. 5 placed reliance on a decision of learned Single Judge of Himachal Pradesh in the case of Anant Ram Thakur Vs. Dy. Commissioner, Kulu & Ors.