- (1.) Heard learned counsel for the parties on following applications:- (i) application No. 6829 dated 15.3.2010 filed by the respondent No. 1/4. (ii) application No. 7815 dated 26.3.2010 filed by the appellants under Order 22 Rule 4 C.P.C. for taking on record the legal representatives of deceased respondent No. 1/1 late Shri Ram Purshottam Sharma; (iii) application No. 7868 dated 27.3.2010 filed by the appellants under Order 22 Rule 9 C.P.C. for setting aside abatement of appeal; and (iv) application No. 11100 dated 5.5.2010 filed by the appellants under Section 5 of the Limitation Act for condoning the delay in filing the application under Order 22 Rule 4 C.P.C. for bringing the legal representatives of deceased respondent 1/1 on record. Since, all the applications are related to the issue of abatement of the appeal against deceased respondent No. 1/1, setting aside abatement of appeal, for bringing on record the legal representatives of above deceased respondent and condonation of delay in filing the application for bringing on record the L.Rs. of the above mentioned deceased respondent, the same are being decided by this common order.
(2.) Before proceeding further it is relevant to mention here that the original plaintiff Ram Pratap Sharma (respondent No. 1 in the appeal) died on 5th January, 2004 leaving behind five legal representatives namely, Ram Purshottam Sharma, Smt. Vimla Sharma, Smt. Shanti Sharma, Shri Ram Krishan Sharma and Smt. Chandra Kala Sharma who have already been brought and taken on record. However, Ram Purshottam Sharma respondent No. 1/1 died on 10th November, 2009 leaving behind five legal representatives namely, Smt. Saroj Sharma, Shri Mukesh Sharma, Smt. Madhu Sharma, Smt. Sudha Sharma and Jyoti Sharma. But the legal representatives of respondent No. 1/1 Ram Purshottam Sharma were not brought on record within the period of 90 days, therefore, the application for abatement of the appeal was filed by respondent No. 1/4 and further three applications have been filed by the appellants. (i) Application No. 6829 dated 15.3.2010 filed by the respondent No. 1/4 under Order 22 Rule 4(5a) CPC seeking abatement of the appeal and application No. 7868 dated 27.3.2010 filed by the appellants under Order 22 Rule 9 CPC for setting aside the abatement of appeal:-
(3.) The application filed by respondent No. 1/4 under Order 22 Rule 4(5a) C.P.C. for abatement of the appeal is within the prescribed period of limitation as the legal representatives of respondent No. 1/1 have not been brought on record within the period of 90 days.;