PHOOL SINGH Vs. RANDHEER SINGH

JUDGEMENT

(1.) Leave granted.

(2.) A civil revision, in which there were three respondents, was dismissed as abated, since the application to implead the legal heirs of the deceased second respondent was found to be filed grossly belated.

(3.) The learned counsel for the appellant contends that true, a mistake occurred on the part of the counsel for the appellant, insofar as not having taken steps to implead the legal heirs at the proper time. The intimation of the death of the second respondent and the details of the legal heirs were brought on record by the counsel for the deceased respondent as early as in 2022, evident from Annexure P-3, indicating the death having occurred on 26/10/2017. The application to implead the legal heirs along with the application to set aside the abatement and condonation of delay occasioned was filed only on 27/2/2024. Even if the revision petition is abated as against the second respondent, there is no cause to dismiss the petition as such, since the contesting party was the first respondent, against whom the revision survives.