VIRENDRA KUMAR MATHUR,J. - (1.) The appellants by way of application IA No. 539/2017, filed under Order 22 rules 4 and 9 CPC read with sec. 151 CPC, have submitted that respondent No. 1 Thakar Singh died on 28.09.2016 and the information was made by the respondents on 02.12.2016 by filing an application under O.22 r.10A CPC. After getting the information, the appellants gathered information regarding legal representatives of the deceased respondent No. 1 Thakar Singh and the list of legal representatives of respondent No. 1 has been given in the application.
(2.) It was contended that all the legal representatives are major. It was also submitted that the fact about death of respondent No. 1 was communicated to appellants by their advocate but he was not available in his village Ramgarh, District Jaisalmer and on account of this, he was unable to receive the letters sent by the Advocate at his residential address. For this reason, delay has occurred in filing the application under Order 22 rule 4 CPC. The present appeal is against judgment and decree dated 01.02.1997, which involves rights in the immovable property and by way of this decree, the suit under Specific Reliefs Act has been decided. Therefore, the application filed by the appellants deserves to be allowed, the abatement is to be set aside and the legal representatives of the deceased respondent No. 1 may be taken on record.
(3.) Along with this application, application IA No. 274/2017 has also been filed under sec. 5 of the Limitation Act and on the basis of averments made in that application, it is prayed that after condoning the delay, the application preferred under Order 22 rule 4 CPC may be allowed.;