Law: Civil Procedure Code (V of 1908)

Section:  O. XXII, rr. 4, 9

Law: Limitation Act (IX of 1908)

Section: 5

  Civil Procedure Code (V of 1908)  O. XXII, rr. 4 & 9-Application under O. XXII, r. 4 (submitted after expiry of period of limitation) for bringing legal representatives on record-Can be treated as application under O. XXII, r. 9 for setting aside abatement irrespective of fact whether prayer has been made for setting aside abatement or not, provided sufficient cause shown under S. 5, Limitation Act, 1908 for delay-Mere prayer in petition for condoning delay and setting aside abatement in interest of justice-Not sufficient cause-Sufficient cause could be defined as circumstances beyond control of the party. Date of hearing : 20th March 1974.                                                                                                       JUDGMENT This judgment will also dispose of R. S. A. No. 1071 of 1970, as both the cases involve the same points and more or less relate to the same property. 2. Before the arguments in both the appeals could be made on merits, the learned counsel for the respondents raised preliminary objections to the effect that they had abated as the legal representatives of Sh. Mahboob Elahi one of the respondents, had not been brought on record within time. The said respondent died on 23rd of September 1970 and the certified copy of the death entry was delivered to the appellants on 25th of November 1970. An application under Order XXII, rule 4, C. P. C. read with section 151, C. P. C. was submitted by the appellants through their counsel on 2nd of January 1971. This application was accompanied by an affidavit but not by any application under section 5 of the Limitation Act for condonation of delay in submitting the same. The date of death of the respondent was mentioned in the application but, the date as to when the appellants came to know about his death was not mentioned. It was prayed that it was in the interest of justice to substitute the names of the legal…