1 ca6881.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6881 OF 2009 IN SECOND APPEAL NO. 542 OF 2006 [Kachrulal s/o Sitaram Bhurewal vs. Sunderlal s/o Ramchandra Arya & Ors.] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. D.R. Markad, Advocate h/f MR. N.K. Kakade, Advocate for applicant. Mr. H.D. Patil, Advocate h/f Mr. P.B. Patil, Advocate for R-1 to 3. Mr. S.M. Gunjal, Advocate h/f Mr. V.R. Naik, Advocate for R-4/1 to 4/3. CORAM : S.S. SHINDE, J. DATE : 17TH DECEMBER, 2011 PER COURT : . Heard learned Counsel for the applicant. Though the motion is made for adjournment, however, looking to the pendency of this application from 2009 and pendency of the second appeal from 2006, prayer for adjournment is refused. 2. Upon perusal of the contents of the 2 ca6881.09 application, the ground which is taken in the application for condonation of delay is that, in view of provisions of Order 22 Rule 10A of the Code of Civil Procedure, it is the duty of the Pleader appearing for the defendant/respondent to inform the Court about the death of the defendant/respondent, however, in the present case, no such compliance was there on the part of Pleader appearing for the respondent/defendant. Therefore, the Counsel for the applicant had no knowledge about the death of respondent No.4. Provisions of Order 22 Rule 10A of the Code of Civil Procedure caste duty on the Pleader of the defendant/respondent to inform the Court about death of his client. Once this information is given to the Court, notice will be issued to the applicant and then applicant has to take steps, however, in the present case, there is no any compliance of the provisions 3 ca6881.09 under Order 22 Rule 10A of the C.P.C. In that view of the matter, explanation offered in para-8 of the application is required to be accepted. 3. In the light of above, Civil Application is allowed in terms of prayer clause (A) (B) and (C), same stands disposed of. . Necessary amendment to be carried out within four weeks from today. [S.S. SHINDE, J.] sut/DEC11