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1984 Supreme(SC) 365

P.N.BHAGWATI, R.B.MISRA
Ram Sumiran – Appellant
Versus
D. D. C – Respondent


Advocates:
SHAKEEL AHMAD SYED, URMILA KAPUR

Judgment

JUDGMENT:- The only ground on which the High Court has dismissed the writ petition is that it has abated as a whole against Respondents Nos. 4 and 5 since it abated against Respondent No. 5 on account of the legal representatives of Respondent No. 5 not having been brought on record within a period of 90 days after the death of respondent No. 5 which occurred on 21-11-1976. It is true that no steps were taken by the appellants for bringing the legal representatives of the deceased respondent No. 5 on record for about 6 years even though according to respondent No. 4 the appellants knew about the death of respondent No. 5. But merely because no application was made by the appellants for bringing the legal representatives of the deceased respondent No. 5 on record we do not think that in the circumstances of the present case that would be a valid ground for refusing to grant the application of the appellants for setting aside the abatement and bringing the legal. representatives of the deceased respondent No. 5 on record because the appellants are admittedly from the rural area and in a country like ours where there is so much poverty, ignorance and illiteracy, it would not b


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