DAYA NARAIN KHATRI Vs. SURESH KUMAR GUPTA

JUDGEMENT

(1.) . This FAO is directed against an order on review application dated 19th March 1998 whereby the learned Additional District Judge modified his order on substitution application, and deleted the condition of filing succession certificate or letter of administration.

(2.) . In proceedings under Section 14 and 17 of the Arbitration Act, 1940, the claimant expired on 26th April 1993. An application under Order 22 Rule 3 Civil Procedure Code for bringing on record the legal representatives of deceased Kishan Lal was allowed "subject to producing the letter of administration/succession certificate with respect to the claim amount in question on or before the final hearing in this case, failing which the application will be dismissed".

(3.) . This condition was removed by the order dated 19th March 1998 by passing the following operative portion of the order: