DAYANIDHI Vs. HUKMICHAND

JUDGEMENT

(1.) Heard learned counsel for the parties on applications filed under Order 22 Rule 3 CPC and under Order 22 Rule 9 CPC and under Section 5 of the Limitation Act.

(2.) The appellant submitted an application under Order 22 Rule 3 CPC on 20.9.2005 stating therein that the appellant no.2 died on 23.8.2003 but the fact of death of the appellant no.2 came to knowledge of learned counsel of the appellants on 9.9.2005. The appellant without disclosing his any relation or the facts because of which, they preferred appeal jointly before the first appellate court and before this Court, stated that the appellant no.1 had no knowledge of the death of the appellant no.2. Therefore, on knowledge of death of the appellant no.2, the application filed under Order 22 Rule 3 CPC is within limitation.

(3.) In the application filed under Section 5 of the Limitation Act, it is again stated that the appellant no.1 had no knowledge about the death of the appellant no.2 and from the date of knowledge of death of the appellant, the application is within limitation and in case, it is held that the application is belated, the delay may be condoned.