Judgment :- 1. During the pendency of a petition under 0.33, R.1, C. P. C. for permission to sue in forma pauperis the first respondent died on 19-12-1961. The petition to implead his legal representatives was filed only on 18-9-1964. The plaintiff filed a petition to set aside the abatement and also to excuse the delay in applying to set aside the abatement. All these petitions were allowed by the learned judge by the order sought to be revised. The learned Subordinate Judge took the view that the provision of 0.22, R.4, C. P. C. will apply only to suits and there cannot be any abatement in respect of an application filed under 0.33, R.1, for failure to implead the legal representatives of a respondent in time. An application to sue in forma pauperis is deemed the plaint in the suit only after the court has granted the application. In Khatijanbai v. Nur Mahomed AIR. 1929 Sind. 136 it was observed by the Judicial Commissioner's Court Sind: "On the very face of it 0.22, Civil P. C. deals with applications to bring on record the legal representatives of parties to a suit dying during the pendency of the suit, and therefore, reading the provisions of 0.22, Civil P. C., with those of Art.177, Lim. Act, there can be no doubt that that article applies to suits, and that this is so is also abundantly clear from the provisions of 0.22, R.4. Civil P. C. which provides the penalty for such non joinder as the abatement of the suit. There being no suit before the Court there could be no abatement. Mr. Jamiatrai has contended that S.141 makes the provisions of the Code applicable to applications which are not suits and that 0.22, Civil P. C., and Art.177 Lim. Act, should therefore, apply to applications to sue in forma pauperis But all that is said in S 141 is that the procedure provided in the 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. Act, should therefore, apply to applications to sue in forma pauperis But all that is said in S 141 is that the procedure provided in the 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. Therefore, though no doubt the procedure laid down in 0.22, Civil P. C. requiring a plaintiff to bring on the record the legal representatives of a deceased defendant may apply to applications which are not suits, it does not follow therefrom that the penalties provided in 0.22, R.4, Civil P. C. or the period of limitation prescribed for making applications under 0.22, Civil P. C. can without any express provision in that behalf, be said to apply to applications which are not suits." I am in agreement with the above view. The order of the learned Subordinate Judge is therefore right and I dismiss the Civil Revision Petition. No costs.