Madhya Pradesh High Court
Phool Singh & Anr vs Smt. Sallobai & Ors on 10 August, 2015
SA-556-2002
(PHOOL SINGH & ANR Vs SMT. SALLOBAI & ORS)
10-08-2015
Shri Vikash Tiwari, learned counsel for the appellants.
Shri Lalji Kushwaha, learned counsel for the respondents.
Heard learned counsel for the appellants on I.A. No. 7480/2015, an application for bringing the legal representatives of appellants Phool Singh & Rajdhar Singh.
There being some delay in filing the application for under Order 22 Rule 3 of the C.P.C., therefore, the appellants have filed I.A. No. 7481/2015, an application under Order 22 Rule 9 of the C.P.C. as well as I.A. No. 7482/2015, an application for under Section 5 of the Limitation Act.
Learned counsel for the appellants submits that the deceased appellant Nos. 1 and 2 were prosecuting the instant appeal and legal representatives of the appellant Nos. 1 and 2 had no knowledge regarding the pendency of the instant appeal. This appeal was admitted in the year 2003, and appeal came to be listed on 12.08.2014 thereafter, learned counsel for the deceased appellants sent information for execution of the fresh vakalatnama, at that time, the applicants have informed the counsel about the death of the appellants and thereafter filed an application for bringing their names on record. The learned counsel appearing on behalf of the respondents have not filed any reply, however, oral objections is raised and submits that the delay in filing the application has not explained properly. He, further, submits that the applicants should have filed separate applications for bringing the legal representatives of appellants on record.
I have heard learned counsel for the parties and found that learned counsel for the appellants have properly explained the delay in filing these applications and, therefore, in the interest of justice these applications are allowed.
Consequently, the delay is condoned and the abatement is set aside.
Learned counsel for the appellant is permitted to bring the legal representatives of the appellant Nos. 1 and 2 on record. Necessary amendment be carried out within a period of seven days.
Learned counsel for the appellants is directed to pay a cost of Rs. 1,000/- to the counsel for the respondents. List the appeal for final hearing in due course.
(VANDANA KASREKAR) JUDGE