ORDER :- Plaintiff opposite party, State Bank of Bikaner had filed a suit on 4-10-66 against Seth Sriniwas Murarka and others for the recovery of Rupees 2,67,147.20 on the basis of a mortgage. Sri Ram Prasad, a transferee of some of the mortgaged property was also impleaded as a defendant. Sri Ram Prasad filed a writ petition in the Hon'ble High Court and proceedings in the suit were stayed. The writ petition was disposed of on 7-4-66 and the stay order was vacated. During the pendency of the writ petition on 1-2-66 Sriniwas Murarka died. No steps were taken for bringing his legal representatives on record in the writ petition. The record was received in the Court below on 1-10-66. On 11-10-66 the plaintiff opposite party, Bank of Bikaner moved an application under Order 22, Rule 4 and Order 6, Rule 17, C.P.C., mentioning therein that the sons of Sriniwas Murarka were already on record as defendants 2 to 4. It was also prayed that the two daughters, Smt. Durga Bai and Ram Bai be added as legal representatives of the deceased Sriniwas Murarka. An application under Section 5 of the Limitation Act was also given. The condonation of delay was sought on the ground that the deponent who

Click Here to Read the rest of this document