MADHAVI AMMA Vs. LOOKKOSE

JUDGEMENT

(1.) Additional defendants 3 to 6 who were impleaded as the legal representatives of the second defendant in a suit for dissolution of partnership are the revision petitioners. A preliminary decree was passed in the suit on 27-11-72 The second defendant died on 17-12-72 But the application for impleading his legal representatives was filed only on 28-5-1973 more than 90 days from the date of death of the second defendant Defendants 3 to 6 contended that the suit had abated so far as they were concerned. The Court overruled the contention and directed the legal representatives to be brought on record. The above order is challenged by the petitioners.

(2.) The contention put forward on behalf of the petitioners is that in view of O.22 R.4 of the C. P. C., the legal representatives should have been brought on record within a period of 90 days. The omission to make a motion thereof, according to the petitioners, has caused the abatement of the suit as against them.

(3.) There is, no doubt, that if O.22 R.4 C. P. C. is to apply, the contention put forward by the petitioners would stand. But the stand taken by the respondents is that O.22 R.4 has no application and the relevant provision of law in cases of the present kind is contained in O.22 R.10 C. P. C . which reads: