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2000 DIGILAW 1039 (PNJ)

Amro v. Parbati

2000-08-30

R.L.ANAND

body2000
JUDGMENT R.L. Anand, J. - This is a Civil Revision and has been directed against the order dated 8.10.1996 passed by the Court of Additional District Judge, Ambala who affirmed the order dated 8.10.1992 passed by Sub Judge IInd Class, by holding that the suit of the plaintiff abated. 2. Some facts can be noticed in the following manner. The suit was instituted in the trial Court by Smt. Purni widow of Shri Rulia Ram. She died on 24.11.1991. According to the law of limitation, the application for bringing her L.Rs. on record could be instituted within 90 days of her death i.e. up to 24.2.1992. The application was moved on 3.8.1992 and it was held that since the application was filed beyond the period of limitation and that there was no sufficient cause for the condonation of delay, therefore, the suit of Smt. Purni stood abated. 3. Aggrieved by the order dated 8.10.1992, the legal representatives of Smt. Purni filed an appeal before the first Appellate Court which was also dismissed vide order dated 8.10.1996. Hence the present revision. 4. I have heard Shri K.G. Chaudhary, Advocate, on behalf of the petitioner and Shri C.B. Goel, Advocate, on behalf of the respondent and with their assistance have gone through the record of the case. 5. The learned Counsel for the respondent submitted that the application for impleading the L.Rs. was filed on 3.8.1992, after a period of limitation and in these circumstances, both the Courts were justified in dismissing the application for impleading the legal representatives. 6. On the contrary, learned Counsel appearing on behalf of the petitioner submitted that Order 22 Rule 3 C.P.C. has been amended by the High Court and this amendment came into force with effect from 4.2.1992. The counsel submitted that the application could be instituted up to 24.2.1992 and before the expiry of this date, the amendment has come into force. Therefore, in these circumstances, the suit could not be abated irrespective of the fact that the application was moved on 3.8.1992. 7. There is a merit in the contention raised by the learned Counsel for the petitioner because the reading of the amendment would show that it is not obligatory on the part of the legal representatives of a plaintiff to file the application within 90 days from the date of his death. 7. There is a merit in the contention raised by the learned Counsel for the petitioner because the reading of the amendment would show that it is not obligatory on the part of the legal representatives of a plaintiff to file the application within 90 days from the date of his death. Order 22 Rule 3 Sub- Rule (2) lays down as follows :- "Where within the time limited by law no application is made under Sub-Rule (1) the suit shall not abate as against the deceased-plaintiff and the judgment may be pronounced notwithstanding with his death which shall have the same effect as if it has been pronounced before the death took place, and the contract between the deceased and the pleader in that event shall continue to subsist." 8. The language of the amended Rule has been couched in such a manner that the High Court wanted to give benefit to the legal representatives of the deceased. The limitation for filing the application was up to 24.2.1992 and before the expiry of this date, the amendment was introduced in Order 22 Rule 3 C.P.C., which is effective with effect from 4.2.1992. 9. In this view of the matter, both the Courts below have not taken notice of the amendment. In these circumstances, the revision is allowed, the impugned orders are set aside and the directions are given to the trial Court to re- admit the suit to its original number and dispose of the same according to law. 10. Directions are also given to the Court of learned District Judge, Ambala to send the file of the trial Court to Civil Judge (Junior Division), Panchkula, who will dispose of the suit according to law. Parties shall be informed by the trial Court of Panchkula. Revision allowed.