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Madhya Pradesh High Court · body

1953 DIGILAW 31 (MP)

Chakrapani Laltprasad v. Biharilal Mahabir

1953-04-09

ABDUL HAKIM KHAN

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ORDER : During the pendency of this revision, the opponent Biharilal died and within the period of limtation prescribed by law, no steps were taken to bring the legal representatives of the opponent on record. An application for bringing the legal representatives on record should be filed according to Article 176, Limitation Act, in three months. But the applicant filed it after about 16 months when the revision had abated. 2. The counsel for the applicant without praying for setting aside the order of abatement, has filed an application for bringing the legal representatives of the deceased on record, It is being, objected to by the other party and it is said that it is not possible to proceed with the case without the order of abatement feeing first set aside. But it is urged on behalf of applicant that Order 32 Rule 9 does not apply to revisions that have abated. In support of this, the learned counsel for the applicant has cited - 'Mahomed Sadaat Ali Khan v. Administrator Corporation of city of Lahore', AIR 1949 Lah. 186 (A) and - Manickam v. Ramanathan Chettiar', AIR 1949 Mad 435 (B). With very great respect, I beg to differ. 3. In the first place we have to decide whether on the death of any of the parties a revision abates or not? It is conceded that a. revision does abate. The very fact of abatement of a revision implies that Order 22, Civil P.C. has been applied. Furthermore, the very prayer of the applicant to bring the legal representatives Of the deceased on record impliedly invokes Order 22 because the legal representatives are brought on record under Order 22, C.P.C. 4. I am of opinion that if any of the parties to a revision dies, the suit abates under Order 22 Civil P.C., and that steps should be taken for setting aside the order of abatement under Order 22 Rule 9 Civil P.C. My reason for applying O.22 Rule 9 in revisions is that) Section 141, Civil P.C. has been enacted for precisely such a purpose. It read thus: "The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of Civil Jurisdiction." There can be no two views that the proceedings in revision are of a civil nature and that they are proceedings in a court of civil jurisdiction. 5. The Lahore High Court in its Full Bench decision reported in - 'AIR 1949 Lah. 186 (A), has expressed the view that Section 141 is so drafted as to enable the court to apply the procedure in regard to suits to such proceedings as are in pari materia with suits and thus original in character. But with very great respect I beg to point out that the words "all proceedings" occurring in Section 141 embrace proceedings of all character, original as well as those that are not original. The word "all" is a comprehensive term and I see no reason why its meaning should be restricted. I have, therefore, no hesitation in saying that a revision is a proceeding to which Section 141, Civil P.C. applies and in this view of the matter Order 22 and the rules thereunder apply to it as well. 6. I, therefore, hold that the revision having abated, the applicant should first file an application for setting aside the order of abatement.