MAHENDRA Vs. RAWATA RAM

JUDGEMENT

(1.) HEARD learned counsel for the petitioners.

(2.) THE plaintiffs legal representatives/ applicants submitted an application under order 22, Rule 3, CPC on account of death of sole plaintiff which occurred on 10-12-2004 but the application was submitted after more than 21/2 years on 29-3-2007. Said application was allowed by the trial Court by treating that application under Order 22, rule 9, CPC which is apparent from the first paragraph of the impugned order dated 12-9-2008 and thereafter, the above legal representatives were taken on record.

(3.) LEARNED counsel for the petitioners/defendants submitted that the plaintiff's legal representative had knowledge of the suit and they did not move any application under Order 22, Rule 9, CPC as well as the application under Section 5 of the Limitation Act and, therefore, the trial Court's order dated 12-9-2008 is illegal and deserves to be set aside.