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2020 Supreme(Del) 858

PRATHIBA M.SINGH
J. S. Sharma & Sons – Appellant
Versus
Shiv Devi Meena – Respondent


Advocates Appeared:
Rajiv Ghawana, Advocate, Neelaksh Sharma, Advocate, Rakesh Kakar, Advocate

JUDGMENT

Prathiba M. Singh, J. - The present petition challenges two orders. The first is an order dated 27th September, 2018 by which an application for impleadment of the legal heirs under Order XXII Rule 9 CPC was allowed, subject to payment of costs of Rs.10,000/- to be paid by the Respondent herein - landlady (hereinafter "landlady"). The said order dated 27th September, 2018 passed by the ARC was challenged before the ld. ADJ, which appeal was dismissed on 1st December, 2018. Both these orders have been impugned before this Court.

2. The submission of ld. counsel appearing for the Petitioners - tenants (hereinafter "tenants") is that whenever legal heirs are to be impleaded, if the same is not done within the time prescribed in law, the suit/petition stands abated and a vested right accrues in favour of the person against whom the petition was originally filed. Thus, unless there is sufficient cause, which is shown by the person seeking condonation of delay in impleadment of the legal heirs, the same cannot be allowed in a casual manner. It is further submitted that the reasons which have been given in the application under Order XXII Rule 4 CPC are also false, inasmuch as the

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