AIR 2009 (NOC) 98 (RAJ) ::2009 (4) All LJ NOC 793 ::2009 (4) ALJ 793 ::2009 (4) AIR Kar R 675 ::2009 A I H C (NOC) 675 (RAJ) ::(2010) 4 WLC(RAJ) 555 ::(2008) 146 ComCas 391

Rajasthan High Court

Hon'ble Judge(s): Prakash Tatia , J

Civil P.C. (5 of 1908) , O.22 R.3, O.22 R.9— Limitation Act (36 of 1963) , S.5— Substitution of L.Rs. and setting aside abatement - Three applications one for condonation of delay, another for setting aside of abatement and third for taking on record L.R's - Can be filed together on same day - Filing of three separate applications and issuance of three separate notices to other party for such interconnected matters, not necessary. In the application under O. 22, R. 3 or under O. 22, R. 4 one is required to make prayer only for impleading the legal representative of deceased plaintiff/defendant and in application under O. 22, R. 9 as well as S. 5 of the Limitation Act, one is required to plead reasons for not moving the said application in time. Substantially O. 22, R. 9 and S. 5 of the Limitation Act are of identical nature with the prayer for condonation of delay in taking action by the applicants. All these applications can be merged in one application when the application is not in time for taking on record the legal representatives of any of the parties to the suit. By narrating the facts in 3 different applications with respect to cause of delay to avoid complications of objections that the plea which has been taken in application under O. 22, R. 9, CPC has not been pleaded in the application under Order 22, Rule 3 or 4 CPC, if all the facts are pleaded....