PRADEEP KUMAR KAPOOR Vs. BHARAT SINGH ANR ORS

JUDGEMENT

(1.) Impugned order of 14th October, 2015 rejects appellant-plaintiff's application seeking setting aside of the abatement and another application to bring on record the legal heirs of respondent/defendant No.5. Paragraph No.9 of the impugned order gives the reason for declining appellant's aforesaid applications and this paragraph is reproduced below:-

(2.) The challenge to the impugned order is on the ground that on 19th July, 2014, appellant had learnt about the death of respondent/defendant No.5 but due to certain personal problems of appellant-plaintiff, the application to bring on record the legal heirs of respondent/defendant No.5 could not be filed in time. However, it is submitted that the application to get the abatement set aside was filed within time and no reply was filed to the application seeking setting aside of the abatement and so, trial court has erred in rejecting appellant's applications and thus, impugned order deserves to be set aside and abatement proceedings ought to be set aside and the legal heirs of respondent/defendant No.5 ought to be brought on record.

(3.) To controvert the aforesaid stand, learned counsel for respondents submits that trial court has rejected appellant's applications in view of the dictum of Supreme Court in Perumon Bhagvathy Devaswom, Perinadu Village v. Bhargavi Amma (Dead) by LRs. and Others, 2008 8 SCC 321 as appellant had been grossly negligent in bringing on record the legal heirs of respondent/defendant No.5 and so, there is no substance in this appeal. Reliance is placed upon Supreme Court's decision in Balwant Singh (Dead) v. Jagdish Singh and Others, 2010 8 SCC 685 in support of above submissions.