Judgment ( 1. ) THIS revision under Section 115 of CPC is directed against the order dated 30-7-2003 passed by 3rd Civil Judge Class II, Satna, in MJC No. 15 of 2000. ( 2. ) C. S. No. 22-A/91 filed by petitioners was dismissed on 13-10-2000 for non-appearance. Therefore, they filed application for its restoration. During the pendency of aforesaid application in MJC No. 15/2000, petitioners on 2042-2002 filed an application under Order XXII Rule 4, CPC for substitution of L. Rs. of defendant late Ramkumar Agrawal stating inter alia that they, for the first time learnt about the death on 28-10-2002 during revenue proceedings before the Commissioner. Thereafter the petitioners also filed application under Order XXII Rule 9, CPC and application under Section 5 of Limitation Act alongwith affidavit. The applications aforesaid were resisted by the respondents stating inter alia that late Ram Kumar Agrawal died on 22-1-2001 and the fact of his death was very much known to the petitioner Asha Choudhary. ( 3. ) THE Civil Judge vide impugned order dated 30-7-2003 held that the statement of petitioners that for the first time they learnt about the death of Ram Kumar Agrawal on 28-10-2002 is incorrect. Consequently, applications aforesaid were dismissed. ( 4. ) IN Sayeeda Begam and Anr. v. Ashraf Hussain Anwar Hussain and Ors. , 1980 MPLJ 46 , it has been held :-A proceeding on the death of a party can not proceed and those to whom the right to sue survives have to be impleaded, but the limitation to make an application for substitution in a suit for which there is express provision, will not govern a proceeding which is neither a suit nor an appeal. That being so provisions of Order XXII are not applicable to proceedings under Order IX, Civil Procedure Code for restoration of a suit dismissed in default. ( 5. ) ORDER XXII, CPC does not apply to proceedings under Order IX, CPC for restoration of suit dismissed in default. Consequently, the Court below erred in rejecting the application for substitution of L. Rs. of late Ram Kumar Agrawal in MJC No. 15/2000 on the ground of limitation. ( 6. ) ACCORDINGLY, revision is allowed. Setting aside the order dated 30-7-2003 passed by 3rd Civil Judge Class-II, Satna in MJC No. 15/2000, application for substitution of L. Rs. of late Ram Kumar Agrawal stands allowed. of late Ram Kumar Agrawal in MJC No. 15/2000 on the ground of limitation. ( 6. ) ACCORDINGLY, revision is allowed. Setting aside the order dated 30-7-2003 passed by 3rd Civil Judge Class-II, Satna in MJC No. 15/2000, application for substitution of L. Rs. of late Ram Kumar Agrawal stands allowed. Court below is accordingly directed to proceed further. No order as to the costs.