POONA DEVI Vs. PREM NARAIN

JUDGEMENT

(1.) HEARD learned counsel for the both the parties.

(2.) THIS order will dispose of three applications- first, under Section 151 of the C. P. C. filed by the first, under Section 151 of the C. P. C. filed by the respondents on 24. 7. 2006, second, under Order 22 Rule 4 read with Order 22 Rule 9 (2) and Section 151 of the C. P. C. filed by the appellants on 4. 8. 2006, and third, under Order 22 Rule 9 (2) of the CPC read with Section 5 of the Indian Limitation Act, 1887, filed by the appellants on 4. 8. 2006.

(3.) THERE is no dispute in between both the parties that the plaintiff-respondent Prem Narain died on 22. 5. 1989 and an application under Order 22 Rule 4 of the C. P. C. for substitution of his legal representatives on the record was filed on 11. 9. 1989. The application under Section 5 of the Limitation Act for condonation of delay in filing the application under Order 22 Rule 4 of the C. P. C. was also filed by the appellants before this court on 15. 11. 1989. The application under Order 22 Rule 4 of the CPC was allowed by this Court on 13. 12. 1989 subject to the objections. The period of limitation for filing the application under Order 22 Rule 3 or 4 of the C. P. C. is 90 days from the date of death of person concerned and in case the same is not filed then the appeal abates automatically on the day the period of 90 days expires, and remedy for setting aside the abatement of appeal is available under Order 22 Rule 9 of the C. P. C. If the application has not been filed under Order 22 Rule 9 of the C. P. C. within time i. e. 60 days from the date of abatement of the appeal then an application can be filed under the provisions of the Limitation Act for condonation of the delay.