Narata Ram and anr. vs Hakam Chand and ors.

S.S. Sodhi, J. (Oral)

The record shows that Chanan Ram, one of the defendants in the suit, died on July 29, 1985. On October 30, 1985, an application was filed for bringing on record his legal representatives. The reply to this application was filed as far back as January 28, 1986, but it appears that no order was passed thereon and the applicants did not care to bring it to the notice of the trial Court that this application was still pending. The plaintiff in the meanwhile produced his evidence and it was when the evidence of the plaintiff had been concluded and that too about three years later that the defendants sought to press this application for bringing on record the legal representatives of Chanan Ram deceased.

When once such an application has been filed, it was clearly incumbent upon the Court to pass orders thereon. A duty is also fastened upon the party making such an application to invite the attention of the Court to do and not to sit idle while the trial proceeds and so much time elapses resulting in the opposite party incurring the expense and bother of summoning and examining its witnesses.

Taking, therefore, an overall view of the circumstances of the case, in the context of the larger interests of justice, a direction is issued to the trial Court to decide forth with the application for bringing on record the legal representatives of Chanan Ram deceased. A sum of Rs. 2,000/ is, at the same time imposed as costs upon the applicants for the delay and expense that has been caused to the plaintiff on account of their inaction.

A further direction is issued to the trial Court to proceed with the trial of the suit as expeditiously as possible and try and complete the trial within six months from today. This revision petition is disposed of accordingly. There will be no order as to costs.

Parties are directed to appear in the trial Court on June 11, 1990.