KISHORI PRAJAPATI Vs. PARESH CHADRA KUMAR

JUDGEMENT

(1.) This writ application has been filed against the order dated 23.6.2009 passed by learned Additional Munsif-I, Ranchi in Title Suit No. 68 of 1996 allowing the substitution petition dated 12.1.2009 filed on behalf of plaintiff/respondent No. 1.

(2.) It is submitted by Mr. Mehta that such petition was filed after long delay from the date of death and moreover the respondent No. 1 had knowledge of the death as they are residing in the same village and are relatives. it is further submitted that even the limitation petition was filed after filing rejoinder.

(3.) It is true that the substitution petition was filed at a belated stage and beyond the period prescribed, but the plaintiff No. 1 took a plea that he live in other State and only on the basis of the information given by the defendant in the petition dated 10.12.2008 he came to know about the death of defendant No. 1.