AIR 1991 PUNJAB AND HARYANA 203 ::1991 Punj LJ 141 ::1991 (1)RevLR86 ::(1991) 2 RRR 137 ::(1991) ILR 2 P&H 29 ::1991HRR102 ::1991 (2)Pun LR676 ::(1991) 2 CurLJ (CCR) 265

Punjab And Haryana High Court

Hon'ble Judge(s): A. L. Bahri , J

Civil P.C. (5 of 1908) , O.22 R.3, O.22 R.9— Death of one of plaintiffs - Bringing on record heirs of deceased - Delay in filing application - Condonation - Sufficient cause - Ignorance of law cannot be sufficient cause. There is amendment in the Civil P. C. as far as bringing on record the legal representatives of the defendants or the respondents for the disposal of the matter without bringing such legal representatives on the record; whereas position of the case where plaintiff or the appellant had died and legal heirs are not brought on record and there is abatement is different and continues to be as before. The abatement is automatic, if legal heirs are not brought on record on the death of the plaintiff or the appellant. Case law discussed.(Para 3) The applicant must show that he was prevented by sufficient cause from filing such an application for bringing on record the heirs of deceased appellant. Ignorance of law is not a cause much less sufficient cause for not approaching the Court within time and the delay cannot be condoned on that ground.(Para 4) .....