Lrs.Of Shanker Singh vs Bhanwar Lal & Ors on 4 November, 2009

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          S.B. CIVIL MISC. APPEAL NO.1249/2008
        (LRs of late Shankar Singh Vs. Bhanwar Lal & Anr.)



                Date of order       ::        04.11.2009

        HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr.N.R. Choudhary, for the appellants.
Mr.Himansu Shrimali, for the respondents.



            Heard learned counsel for the parties and
perused the impugned order.
            The application filed by the appellants
for bringing them on record as appellants due to
death of original appellant was dismissed by the
learned trial court on the ground that application
was     filed     after     delay    of         248     days        and    no
reasonable explanation have been furnished by the
appellants        before    the     trial           court    for        filing
application after delay of 248 days.
            Learned        counsel            for     the        appellants
submits     that    as     per    adjudication              made    by     the
Hon'ble    Supreme        Court   and         Rajasthan          High    Court
reported     in     AIR    2004     SC        4346     (K.Rudrappa         v.
Shivappa) and RLW 2005 (1) Raj. 270 (Mohan Devi @
Mohini Devi (Smt.) vs. LRS of Himmat Lal Menaria)
respectively, the delay was to be condoned by the
trial     court      for      the        purpose            of     allowing
application filed by the appellants for impleading
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           them as appellants.
                      For the reasons mentioned in this appeal,
           I am of the opinion that the order or learned
           trial court is not justified.               The delay was to be
           condoned      upon    the     reasons       furnished     by    the
           appellants before the appellate court, but it has
           not been done, which is not proper.

                      In this view of the matter, the impugned
           order dated 12th August, 2008 is hereby set aside
           and the application filed by the appellants before
           the Additional District & Sessions Judge, Barmer
           for impleading them as appellants is allowed and
           matter   is    remitted       to    the    appellate    court   for
           deciding      the    appeal    on    merits.      However,      the
           appellants No.1/2 to 1/4 are directed to pay the
           cost of Rs.1500/- to the respondents.

                      With      the   above     observations/directions,
           this misc. appeal is disposed of.


                                                 (GOPAL KRISHAN VYAS),J.

A.K. Chouhan/-