PRATIBHA BONNERJEA, J.

( 1 ) THIS is an application by the heirs and legal representatives of the deceased Pashupati Nath Dutt, the plaintiff No. 2 in the above suit for condonation of delay in making the application and for their substitution in his place and stead by setting aside abatement of the suit so far ag the deceased plaintiff No. 2 is concerned. The above suit was instituted by the deceased Pashupati along with other co-plaintiffs in December, 1966 against the defendants for recovery of damages of Rs. 4,21,125/-and other reliefs. During the pendency of the suit, on 6th Dec. 1976, Pashupat? died intestate leaving him surviving his widow, 2 sons and 4 daughters. Subsequently the daughters executed a deed of release dated 18th March, 1971 in respect of their shares in their father's estate. The present applicants are the widow and the 2 sons of the deceased Pashupati Nath Dutt.

( 2 ) IN the petition, the applicants alleged that they had no knowledge of this pending suit and for the first time they came to know about this suit from Nripati Nath Dutt, the plaintiff No. 1 herein on 19th Jan. 1978. Due to aforesaid facts no application for substitution could be made earlier.

Click Here to Read the rest of this document