Rajasthan High Court - Jodhpur
Lrs Of Devika vs Sama Ram (2024:Rj-Jd:39302) on 21 September, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:39302]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Revision Petition No. 4/2022
1. Lrs Of Devika, Saroopganj, Tehsil Pindwara, District Sirohi
1/1. Pradeep Kumar S/o Janardan Vaishnav, Saroopganj,
Tehsil Pindwara, District Sirohi
1/2. Bhupen Vaishnav S/o Janardan Vaishnav, Saroopganj,
Tehsil Pindwara, District Sirohi
----Petitioners
Versus
1. Sama Ram S/o Jaga, Nai Bhawri, Tehsil Pindwara, District
Sirohi
2. Janta Devi W/o Sama Ram, Nai Bhawri, Tehsil Pindwara,
District Sirohi
----Respondents
For Petitioner(s) : Mr. S.L. Jain
For Respondent(s) : Mr. Sheetal Kumbhat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
21/09/2024
The present revision petition has been filed by the petitioners
against the order dated 10.11.2021 passed by court of Civil Judge
and Judicial Magistrate, Pindwara in Civil Suit No. 50/2017
whereby, the application filed by the petitioner plaintiff under
Order 22 Rule 3 CPC read with Section 151 CPC has been
dismissed.
Learned counsel for the petitioners argued that the
petitioners had categorically submitted that on account of Covid-
19 pandemic, the Courts were closed as there was a lockdown
imposed by the Government and as soon as the Court work
resumed, the petitioner immediately filed an application under
[2024:RJ-JD:39302] (2 of 3) [CR-4/2022]
Order 22 Rule 3 CPC for bringing the legal representatives of
deceased plaintiff on record. However, the learned court below
without considering the facts and circumstances, mechanically
dismissed the application filed by the petitioners. Learned counsel
placed reliance on the judgment of Hon'ble apex Court in "In Re:
Cognizance for Extention of Limitation reported in (2022) 3 SCC
117.
Per contra, counsel for the respondents argued that the
plaintiff had expired on 11.02.2021 whereas, the application for
bringing the legal representatives on record was filed on
11.08.2021, thus, there was gross delay of six months which has
not been explained by the petitioners, therefore, the learned court
below has rightly dismissed the application filed by the petitioners.
I have heard learned counsel for the parties and carefully
gone through the material on record.
It is not disputed that the plaintiff had expired on
11.02.2021 and the application for bringing the legal
representatives on record was filed on 11.08.2021 and the
limitation for bringing on record, the legal representatives of
deceased is 90 days. However, Hon'ble Apex Court in "Cognizance
for Extension of Limitation" (Supra) has observed as under :-
"5.3 In cases where the limitation would have expired
during the period between 15.03.2020 till
28.02.2022, notwithstanding the actual balance
period of limitation remaining, all persons shall have a
limitation period of 90 days from 01.03.2022. In the
event the actual balance period of limitation
remaining, with effect from 01.03.2022, is greater
than 90 days, that longer period shall apply."
[2024:RJ-JD:39302] (3 of 3) [CR-4/2022]
Thus, in view of specific observations made by Hon'ble
Supreme Court IN RE: Cognizance for Extension of Limitation, the
period falling from 15.03.2020 to 28.02.2022 was liable to be
excluded and, therefore, further opportunity to file application for
bringing on record the legal representatives of deceased plaintiff
on record should not have been declined, as above said period
was liable to be excluded.
In view of above, the present revision petition is allowed.
The order dated 10.11.2021 passed by court of Civil Judge and
Judicial Magistrate, Pindwara in Civil Suit No. 50/2017 is hereby
quashed and set aside, consequently the abatement of suit is also
set aside. The matter is remanded to the trial court for deciding
the application under Order 22 Rule 3 CPC afresh, in accordance
with law.
Stay petition also stands disposed of.
(MANOJ KUMAR GARG),J
68-BJSH/-
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