S.B. CIVIL WRIT PETITION NO.4622/2008 Khatra & Ors. Vs. Karu Lal & Ors. Date of order : 18th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Pawan Ojha for the petitioner. --------- Heard learned counsel. This writ petition is directed against the order dated 24.4.2008 of learned trial court whereby the learned trial court allowed the application of the plaintiff under Order 22 Rule 4 C.P.C. for taking the LRs of deceased Nathu on record. The learned counsel for the petitioner-defendants submits that the application was belated and was filed after 6 months after the death of defendant and, therefore, the suit which had already abated could not be tried by the learned trial Court allowing such application. He relies upon the judgment of Andra Pradesh High Court in Nehra Chits (P) Ltd. Vs. B. Ramchandra Reddy and ors. - AIR 2003 Andhra Pradesh 486. He further submits that no application under Section 5 of Limitation Act was filed in the present case. Having heard learned counsel and after perusal of the judgment cited at the Bar, this Court is of the opinion that the learned trial court has not committed any error in allowing the said application as the delay in filing such application cannot be said to be enormous and looking to the nature of the suit, if the trial court in its discretion has allowed such application, it will be deemed that delay in filing such application has been condoned by the trial court as well as the abatement which took place in the matter. This Court is not inclined to interfere in the impugned order under Article 227 of the Constitution of India. The writ petition is devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.38 babulal/-