Nrendra Nath Tiwari, J. - (1.) HEARD the parties.
(2.) IN this application the applicants -appellants have prayed for substitution of the heirs and legal representatives of the deceased respondent Nos. 3 and 4 by setting aside the abatement and condoning the delay in filing the substitution petition. It has been stated that appellants came to know about the death of the said respondents when the same was informed by a petition dated 9.8.2005 filed by the defendants -respondents. It has been stated that thereafter a letter was immediately sent by the counsel informing the same to the petitioners who collected the necessary information and managed fund and immediately rushed to this Court and filed this application on 12.9.2005. It has been submitted that there is no wilful delay or laches on the part of the appellants and they were prevented from taking steps for substitution as they had no knowledge about the death on the said respondents earlier and as soon as they came to know about the same, they immediately took steps and filed this application. Mr. Amar Kr. Sinha, learned Counsel appearing on behalf of the appellants, submitted that Order XXII, Rule 10 -A of CPC casts a duty on the counsel of the party to communicate to the Court about the death of the party, but no information was given by learned Counsel for the respondents, Though the defendant Nos. 3 and 4 died long back, but. the same was informed only on 9.8.2005 and immediately thereafter the appellants look steps for substitution.
(3.) MR . P.K. Bhowmik, learned Sr. counsel appearing on behalf of the respondents, on the other hand, submitted that only on the ground of the provision made under Order XXII, Rule 10 -A, CPC, the appellants can not absolved from their duty to lake steps for substitution within the prescribed time. Learned Counsel submitted that the appellants had full knowledge about the death of the said respondents and they deliberately did not taken step for substitution. The appellants could not make out any valid ground for condonation of delay and for setting aside abatement.;