V.P.BHATNAGAR
UNITED COMMERCIAL BANK – Appellant
Versus
DHARAM PAL SINGH – Respondent
V. P. Bhatnagar, J.—This order is meant to dispose of three petitions viz. OMP (M) No. 31 of 1987, OMP No. 404 of 1987 and OMP. No. 201 of 1988.
2. The facts giving rise to the aforesaid three applications are not disputed. United Commercial Bank filed a Civil Suit on April 21, 1987 for the recovery-of a sum of Rs. 2,44,996.95-P, for having advanced a truck loan to defendant No, 1 as the principal borrower against the guarantee furnished by defendants No. 2 and
3. Summonses issued to defendant No. 2 for July 9, 1987 were received back in the Registry with a report dated May 2o5 1987 that Shri Vinod Kumar, defendant No. 2, had died as back as on March 18, 1986, It was on the above facts that the plaintiff-bank moved OMP (M) No. 31 of 1987 under the provisions of Order 22, Rule 4 C.P.C for bringing on record the legal representatives of the said defendant. This application was filed in the Court on Octobers, 1987 alongwith OMP No, 404 of 1987 under section 5 of the Limitation Act praying for condonation of delay for bringing the proposed legal representatives of defendant No. 2 on record. The third petition bearing No. 201 of 1988 has been filed under the provisions of section
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