JHABBU LAL @ MEHTAR LAL SAPAHA Vs. PURROO

JUDGEMENT

(1.) THIS Civil Revision is directed against the order dated 06.05.96 passed by 2nd Civil Judge Class-II, Raipur in Civil Suit No. 119-A/94 whereby the application of the non-applicant/Plaintiff under Order 22 Rule 3 of the Code of Civil Procedure for bringing Legal Representative of deceased Purroo has been allowed and name of the Respondents No. 1.1 to 1.4 has been ordered to be substituted in place of deceased/Puroo.

(2.) THE short question involved for adjudication of this Civil Revision is that whether an application under Order 22 Rule 3 of the Code of Civil Procedure for substitution, preferred after expiry of 90 days from the date of the death of Plaintiff, can be considered and allowed in the absence of an application for setting aside abatement under Order 22 Rule 9 of the Code of Civil Procedure.

(3.) THE above application was not maintainable in the absence of an application under Order 22 Rule 9 of the Code of Civil Procedure for setting aside the abatement. Learned Civil Judge could not have considered the application preferred by the Legal Representatives as an application for setting aside abatement.