- (1.) Challenge in this writ petition is to the order dated 9th July, 2010, whereby the Additional District Judge (Fast Track) No.4, Ajmer allowed the application filed by the plaintiff-respondents no. 2, 3 and 4 under Order 22 Rule 4 CPC and took the legal representatives of deceased respondent no. 5 Shyam Sunder on record.
(2.) Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order , it is noticed that the fact of death of Shyam Sunder was disclosed by the defendant-petitioner for the first time on 5.3.2009 and immediately thereafter within ten days, the plaintiff-respondents filed the application under Order 22 Rule 4 CPC to bring the legal representatives of deceased respondent no.5 on record.
(3.) Under Order 22 Rule 10 A CPC, it is the duty of the pleader to communicate to the Court regarding the death of a party. In the instant case, the fact of death of Shyam Sunder was disclosed by the defendant-petitioner for the first time on 5.3.2009 and within the prescribed period of 90 days, the plaintiff-respondents moved the application. Hence, it could not have been said that the application was filed belatedly and suit was abated.;