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1979 Supreme(Cal) 201

JYOTIRMOYEE NAG
ABDUL LATIFF MOLLA – Appellant
Versus
FAZAL ALI KARIKAR – Respondent


Advocates Appeared:
A.KABIR, B.K.PANDEY, M.K.ROY

JYOTIRMOYEE NAG, J.

( 1 ) BOTH these Rules are under Section 5 of the Limitation Act for condoning the delay in filing the applications for substitution.

( 2 ) IN C. R. No. 2664 (s)/78 there has been inordinate delay in making the application for substitution after setting aside abatement. The appellants Nos. 1 and 2 are semi literate villagers living in the extreme interior part of District 24-Parganas and appellants Nos. 3 and 4 are illiterate village women living under Parda. Both of them are unsophisticated women knowing nothing about law and procedure.

( 3 ) IT, is stated in para 2 of the petition by the petitioner-appellants that on 24-8-1978 they knew about the death of respondent Fazal Ali Karikar who had died on 29-6-71 and they also knew about the heirs and legal representatives of the said deceased respondent. But they did not know that the heirs should be substituted in place of the deceased respondent. Incidentally the appellant No. 1 contacted his lawyer seven years after i. e. on 24-8-78 and casually told the learned Advocate that the respondent had died leaving behind certain heirs. It was then that the petitioner was informed that it was necessary to have those


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