Punjab-Haryana High Court
Ram Sarup And Ors. vs Dilbagh Singh on 30 April, 2003
Equivalent citations: (2003)135PLR76
Author: N.K. Sud
Bench: N.K. Sud
ORDER N.K. Sud, J.
1. This Civil Revision is directed against the order of the Sub Judge 1st Class, Sonepat dated 22nd February, 1994 wherein the prayer of the petitioners for being impleaded as legal representatives of the defendant-Bhagwanti Devi in Civil Suit No. 74 of 1998 has been declined on the ground that the application has been filed beyond the period of limitation as prescribed under Article 120 of the Indian Limitation Act.
2. Learned counsel for the petitioners has placed reliance on the judgments of this Court in Banta Singh and Anr. v. Khaan Singh and Ors., 2001(2) Rev.L.R. 464 and Saraswati and Ors. v. Hazan Lal and Ors., 1990(1) Rev.L.R. 123 to contend that after the amendment in Order 22, Rule 4, Code of Civil Procedure, on 11th April 1975 there is no limitation for bringing on record the legal representatives of the deceased-defendant.
3. I have perused the aforesaid authorities which fully support the case of the petitioners. In this view of the matter, the findings of the Sub Judge, 1st Class, Sonepat on issue No. 2 in order dated 22nd February, 1994 cannot be sustained.
4. Accordingly, the revision petition is allowed. The petitioners have already been held to be the legal representatives of the deceased. Therefore they shall be impleaded as legal representatives of Bhagwani Devi, defendant in Civil Suit No. 74 of 1988. No costs.