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1990 Supreme(Del) 51

R.L.GUPTA
STATE BANK OF INDIA – Appellant
Versus
AMRITSAR ENGINEERING WORKS – Respondent


Advocates Appeared:
G.L.RAVAL, JAVAHAR CHAWLA

R. L. Gupta

( 1 ) I. A. 4483 of 1987 has been moved on behalf of the plaintiff bank under Order 22, Rule 4 read with Section 151 of the Code of Civil Procedure (hereinafter called the Code) for bringing on record the legal heirs of deceased defendant no. 4 Smt. Daya Kaur. It is alleged that on or about 6. 11. 1986 it transpired to the applicant that Smt. Daya Kaur had died. But the date of her death could not be ascertainded despite efforts. On the basis of the information gathered by the field staff of the plaintiff bank it was found that the deceased left behind S/shri Manmohan Singh, Baljit Singh, Surjit Singh and Balbir Singh as her legal heirs and therefore a prayer is made that they may beordered to be substituted in place of the deceased Daya Kaur.

( 2 ) THE. second. application was moved on 19. 9. 1988 under Section 5 of the Limitation. Act read with. order 22 rule 9 and Section 151 of. the Code for condonation of delay, and setting aside, the abatement of the suit against the deceased defendant no. 4. In this application it is alleged that the plaintiff bank had come to know on or about 6. 1 1. 1986 that defendant no. 4 had died leaving behind the aforesaid four legal heirs







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