TMI Blog1987 (2) TMI 309X X X X Extracts X X X X X X X X Extracts X X X X ..... e taken. Moreover, he has clearly stated that he came to know of the pendency of the appeal filed by his father as one of the appellants only recently that is on August 4, 1972 and the application was made on August 5, 1972. Considering all these facts and circumstances we feel that for the ends of justice and fair play the application under Section 5 of the Limitation Act should be allowed as in our opinion sufficient cause has been made out for the delay in filing the application for bringing on record the legal representative of the deceased Inder Singh. Of course, we also think it just and proper that the applicant must pay to the respondent a sum of ₹ 500/- in cash as costs. The appeal is thus allowed. The judgment of the High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... During the pendency of the appeal one of the appellants Inder Singh, who had purchased 1/8th share of the property died on March 20, 1972. No application having been made either by the other appellants or by the legal representatives of deceased Inder Singh within a period of 90 days, this suit abated on June 20, 1972. It was on August 7, 1972 that Zora Singh, son of the deceased, made an application for condonation of delay under Section 5 of the Limitation Act for bringing the legal representatives on the file after setting aside abatement. This application is, of course, within 60 days from the date of abatement. In the application under Section 5 it has been stated on affidavit by Zora Singh that he did not know that this second appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as further mentioned that one Mr. Harbans Lal Sarin, is the Senior Advocate regarding this appeal and it is not known how he approached and consulted Mr. Kedar Nath Tiwari, Advocate regarding this appeal. On these grounds the High Court held that there was no sufficient cause made out for condonation of the delay in making this application for bringing on record the legal representatives of the deceased Inder Singh. We have considered the entire facts and circumstances of the case. The law is now well settled by several decisions which have been cited before us, AIR 1962, (Punjab) 446 and AIR 1956 (Allahabad) 677 as well as of this Court reported in AIR 1964 (Supreme Court) Page 215 that the Court while considering an application under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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