Short Note 1. This revision is directed against the order dated 28.7.1998 passed by IIIrd Civil Judge. Class II, Bhopal in Civil Suit No. 93A/93. 2. It is not in dispute that during pendency of the Civil Suit No. 93-A/93 the sole defendant Allah Noor died on 15.7.1994. The non-applicant/plaintiff was not aware about the death of the sole defendant nor did the counsel for the defendant give information till 10.8.1997 regarding the death of sole defendant Allah Noor. Also the LRs of Allah Noor were not known to the non-applicant/plaintiff. Subsequently the counsel for deceased/defendant also furnished the information. Thereafter an application under Order 22 Rule 4 CPC was filed by the non-applicant. It appears that no application for setting aside abatement and for condonation of delay was filed. 3. The learned trial Judge held that the counsel for the deceased/defendant had not given information to the Court as required by Order 22 Rule 10A of CPC and therefore, time should be counted from the date of the information. According to the learned trial Judge there was only delay of 10 days and this delay is liable to be condoned. As such the application under Order 22 Rule 4 CPC was allowed. 4. In the opinion of this Court, the learned trial Judge was not correct in holding that time has to be reckoned from the date of knowledge of death of a party to the suit. In case where provisions of Order 22 apply, then the death of a party may result in abatement of a suit if an application for bringing the legal representatives of a party are not brought on record within 90 days as per Article 120 of Limitation Act. In case the suit abates, then Article 121 of the Limitation Act prescribes 60 days limitation from the date of abatement for filing an application for setting aside abatement. Even then the party is not left without remedy after 60 days from the date of abatement. The party can file an application under section 5 of Limitation Act if 90 + 60 = 150 days have expired from the date of death of the deceased person. He can then explain the delay in not filing the application for setting aside the abatement within 60 days from the date of abatement. The party can file an application under section 5 of Limitation Act if 90 + 60 = 150 days have expired from the date of death of the deceased person. He can then explain the delay in not filing the application for setting aside the abatement within 60 days from the date of abatement. If the Court finds sufficient cause for setting aside abatement as well as for not filing the application for setting aside the abatement within 60 days. it may allow both the applications and order that the LRs of the deceased may be brought on record. In this case this procedure has not been followed, therefore, the impugned order is liable to be set aside and the case is remitted back to the learned trial Judge. The non-applicant is permitted to file an application for setting aside the abatement as well as the application under section 6 of Limitation Act for showing cause why application for setting aside the abatement was not filed within 60 days. The Court may consider these applications alongwith provisions of Order 22 Rule 4 sub-rule (5) of CPC after giving opportunity to the applicant to rebut the allegations made in both these applications and decide the case in accordance with law. Accordingly the Impugned order referred to above is set aside. The revision is allowed.