Madhya Pradesh High Court
Noor Mohammad vs Farjand Ali on 24 June, 2016
1
SA No.08/2008
24.06.2016
Shri Sanjay Sharma, learned counsel for the appellants.
Heard on IA No.820/16, which is an application under
Section 5 of the Limitation Act for condoning the delay in filing
the application (IA No.821/16) under Order 22 Rules 4,9 and 11
CPC.
Having perused the averments made in the application filed
for condonation of delay, the delay in filing IA No.821/16 for
bringing the L.Rs. on record is condoned. Accordingly,
IA No.820/16 is allowed and closed.
Also heard on IA No.821/16.
Learned counsel for the appellants contends that
respondent no.11 has since died, therefore seeks leave of this
Court to substitute the L.Rs. of respondent no.11. It is submitted that as a matter of fact, the husband of respondent no.11 is already arrayed as respondent no.16 and her children are yet to be brought on record.
Considering the submissions advanced, IA No.821/16 is allowed and the remaining L.Rs. of respondent no.11 be brought on record within a period of 07 working days.
At this stage, Shri A.K. Jain, learned counsel for the respondents submits that appellants no. 1 and 2 have passed away.
Accordingly, the learned counsel for the appellants prays for time to verify the same and to take necessary steps in the matter.
List after six weeks.
(Rohit Arya) Judge meh/-