In rent and ejctment suit in JSCC court ,the defendant died in march 2008 and information of death of defendant given in writing in that court in may 2008 and after summer vacation the suit adjourned and plaintiff noted order sheet.The palintiff filed ammendment cum substitution application in the month of November 2008 without supported by application U/s 5 of limitation act.The plaintiff stated that he came to know about death of defendant when he served a copy of misc.application and counsel of deft.refused to receive the copy and inform about death in month Nov.2008,Whether plaintiff can be suceeded to substitute the defendant's legal heirs or suit can be abated as per information of death in month may 2008.
If information about the death was lodged in the court in writing, the plaintiff ought to have been diligent in taking notice of the said fact. Unless, the plaintiff justifies the delay properly, he can not be allowed to add LRs.
