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1998 Supreme(AP) 260

V.RAJAGOPALA REDDY
ARIF ABDUL GHANI – Appellant
Versus
SHAIK CHAND – Respondent


V. RAJAGOPALA REDDY, J.

( 1 ) THE short question that arises in this case is whether the period of Limitation prescribed by Order 22 Rule 3 to bring on record the L. Rs of a claimant in an application filed under Order 21 Rules 97,98 and 101 CPC read with Sec. 47 of CPC is applicable or not? The question arises on the following facts,

( 2 ) THE petitioner-decreeholder, in execution of a decree obtained in the suitfor specific performance and recovery of possession, got the sale deed executed through the Court and also obtained possession of the prqperty on 9-12-1988. At that stage, the father of the respondents filed a claim petition E. A. 34/89 under Order 21 Rules 97,98 and 101 read with Sec. 47 of CPC. Pending the same it appeared he passed away on 3-6-1990 but no steps had been taken by the L. Rs/respondents to be brought on record, hence E. A. had been dismissed. After a considerable delay, they thought of corning on record. They had chosen to file E. A. 119/93 under Section 5 of the Limitation Act, to condone the inordinate delay of 959 days in filing the application to bring them on record. The petition was promptly dismissed on 13-3-96, the Court having found that there was n










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