IFCI LTD Vs. REFRACTORY SPECIALITIES INDIA LTD

JUDGEMENT

(1.) HEARD the parties and perused the case records.

(2.) Defendant No. 4 has filed an Application on 4.9.2003 for abatement of the instant Original Application for non-substitution of heirs and legal representatives of deceased defendant No. 2 within the period of Limitation. " .

(3.) NO doubt there was paper publication regarding demise of defendant NO. 2 on 6.1.2003; the applicant has affirmed on oath that they knew about the death for the first time on 4.9.2003. Ordinarily the Court of fact should believe the statement made on oath. Practically speaking paper publication is not effective if it does not give applicant information regarding the demise. In the event of denial on oath of no knowledge, Court should believe the applicant especially when there is no specific evidence to the contrary.