Short Note : 1. This is a revision filed by the legal representatives of the original defendant Ram Dayal against order dated 10-2-1978 whereby it bas been held that Order 22, rule 6 applies to the case. Held : In order to apply the provisions of Rule 6 of Order 22 CPC., it is necessary that the death of either party must occur (a) after the conclusion of the hearing and (b) prior to the pronouncement of the judgment. Both these conditions must co-exist. If for any reason, a case closed for judgment is re-opened then the provisions of Order 22, rule 6 will cease to apply. As stated earlier in the present case, the defendant submitted an application for summoning two witnesses on 16-2-1978. This was after the conclusion of the hearing and date fixed for pronouncement of the judgment. As a consequence of this application, the case was re-opened and it cannot be said that the hearing of the case had concluded. Faced with this situation, Shri U K. Jain, contended that he never knew of the factum of moving of aforesaid application by the defendant Sufficient it is to state that on 27-1-1976, copy of the said application was ordered to be given by the defendant to the plaintiff in presence of the learned counsel for the plaintiff. On 16-2-1976 complaint on behalf of the plaintiff was not to this effect that copy of the aforesaid application has not been supplied to him. On the contrary, they took time to summit reply to the aforesaid application. That apart, for deciding the applicability or otherwise rule 6 of Order 22, it is not necessary that the factum of re-opening of the case should be shown to come to the knowledge of the opposite party. What is important is, for one reason or the other, if the hearing of the case is re-opened, then the rule 6 ceases to apply. If the hearing of a particular case stands concluded and is not re-opened, then rule 6 of Order 22 will continue to apply. In this view of the matter, the learned trial Judge has acted contrary to the provisions of law and has erroneously assumed that the provisions of Order 22, rule 6 apply to the situation. Revision allowed.