C.R. No. 89 of 2009 29.3.2011 Present:- Mr. Ramakant Sharma, counsel for the petitioner. Mr. Neeraj Maniktala, counsel for the respondents NO. 1 and 2. This revision petition has been directed against the order dated 19.3.2009. The facts, in brief, are that plaintiff No.2 Inder Pal died and an application for setting aside abatement and bringing on record his legal representative was filed by his wife alongwith application under Section 5 of the Limitation Act for condonation of delay. In the application, it has been stated that the applicant was not aware about the pendency of the suit and she came to know about the pendency of the suit from plaintiff No.1 in the last week of November, 2007. The application was filed in December, 2007. 2. The learned counsel for the petitioner has submitted that in the statement on oath Sandhia Devi has stated that she came to know of the pendency of the suit in the year 2007 without specifically stating that she came to know of the pendency of the suit in November, 2007. The application is not bonafide and the learned court below has erred in condoning the delay, setting aside abatement and for bringing on record the legal representative of plaintiff No.2. 3. I have gone through the record. In the application, Sandhia Devi has stated that she came to know about the pendency of the suit in the last week of November, 2007 and the application for setting aside abatement and bringing her on record along with - 2 - application for condonation of delay was filed on 18.12.2007. Simply in her statement. if Sandhia Devi has not stated the month when she has come to know about the pendency of the suit, it cannot be said that she was aware of the pendency of the suit prior to November, 2007. In any case, the learned court below has considered the matter and only thereafter has condoned the delay, set-aside the abatement and brought on record legal representative of deceased plaintiff. There is no error of jurisdiction, the revision petition is dismissed. March 29, 2011 ( Kuldip Singh ) (GR) Judge