SURINDER SINGH NIJJAR, J. - (1.) WE have heard the learned counsel for the parties and perused the pleadings.
(2.) THIS appeal has been filed by the son of the deceased, defendant no. 2 impugning the order dated 25th September, 2009 passed by the Learned Single Judge allowing the application of the plaintiff for bringing on record the legal heirs and representatives of the deceased, defendant no. 2. The case of the appellant is that original defendant no. 2 died on 16th May, 2008, during the pendency of the suit filed by the plaintiff on 13th September, 2005 against Subhkaran Dugar and Sons, HUF (defendant no. 1) and Subhkaran Dugar (defendant no. 2). In the aforesaid suit the plaintiff took out an application under Chapter XIIIA of the Original Side Rules being G.A. No. 1304 of 2006. The information regarding defendant no. 2 was given to the advocate of the plaintiff through letter dated 30th May, 2008. Consequently, the period of 90 days for substitution of legal heirs as provided under Article 120 of the Limitation Act, 1963 expired on 14th August, 2008. Still, on 26th August, 2008, the plaintiff took out G.A. No. 2914 of 2008 with the prayer for recording the death of defendant no. 2 who was also the 'karta' of defendant no. 1, HUF. This application was not served on the legal heirs although it had been served on the advocate of defendant no. 2.
(3.) THE application was disposed of by the Learned Single Judge by order dated 9th September, 2008 by recording the death of defendant no. 2 and the 'karta' of defendant no. 1. The Court also observed that it would be open to the plaintiff to apply for substitution upon ascertaining the names of the legal heirs of the deceased, defendant no. 2. The period of 60 days for seeking setting aside of abatement also expired on 13th October, 2008. Thereafter, the plaintiff took out another application being G.A. No. 83 of 2009 for substitution of the appellant as legal heirs, with the prayer for condonation of delay and setting aside abatement. However, in the application, no explanation was give for explaining the delay or any sufficient cause as to why the delay ought to be condoned.;