JASRAJ Vs. BHAWANI SINGH & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 07.08.2007 passed by the trial court, whereby the application filed by the petitioner under Order 22, Rule 10 CPC read with Order 22, Rule 3 and 9 CPC has been rejected.

(2.) The suit was filed by the plaintiffs - Ghanshyam, Surendra, Om Prakash and Srikishan seeking specific performance of contract against the defendants Bhawani Singh and Pukhraj. During pendency of the suit, plaintiff No.4 Srikishan died. The legal representatives of Srikishan were not brought on record, however, the petitioner-applicant filed application under Order 22, Rule 10 read with Order 22, Rule 3 and 9 CPC along with an application under Section 5 of the Limitation Act seeking impleadment as legal representative of plaintiff No.4 Srikishan.

(3.) The application was opposed by defendant No.1 and after hearing the parties, the trial court by the impugned order came to the conclusion that as the application was not filed within 90 days and had been filed after almost one year form the date of death of Srikishan, though the application under Section 5 of the Limitation Act has been filed, sufficient cause has not been indicated and, consequently dismissed the application and directed abatement of the suit qua the plaintiff No.4 Srikishan.