Ramua (Dead) vs Kodulal - 2022 Supreme(MP) 72

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2022 Supreme(MP) 72

ARUN KUMAR SHARMA
Ramua (Dead) – Appellant
Versus
Kodulal – Respondent

Advocates:
Sushil Kumar Tiwari for appellants;
P. C. Paliwal for respondent No.1;
Yogesh Mishra, Panel Lawyer for respondent No. 2/State.

JUDGMENT

1. Today the case is listed for hearing on IA No.6938/2021 under Order 22 Rule 9 of CPC; IA No.6939/2021 under section 5 of the Limitation Act and also IA No.6937/2021 under Order 22 Rule 3/11 of CPC. All these applications have been fled by respondent No. 1 on 20.9.2021.

2. I.A. No.6938/2021 under Order 22 rule 9 of the Code of Civil Procedure fled seeking setting aside of the abatement is barred by time. It is fled accompanied by an application i.e. I.A. No.6939/2021 under section 5 of the Limitation Act seeking condonation of delay.

3. On 20.9.2021 the application i.e. IA No.6938/2021 under Order 22 rule 9 of the Code of Civil Procedure for setting aside of the abatement against the deceased appellant No. 1 has been fled by respondent No. 1 stating that during the pendency of the crossappeal, appellant No. 1 Ramua S/o. Devi Mehra died on 12.7.2018 and respondent no.1 came to the knowledge of death of appellant no. 1 in the month of September, 2021 frst time and thus, respondent no.1 was required for substitution of his legal representatives of the deceased appellant no. 1 in the memo of cross-appeal within a period of 90 days but the same was not done within the prescrib