DAYA SHANKER Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) SIBGHAT Ullah Khan,J. List revised. No one appears for the contesting respondents.

(2.) HEARD learned counsel for the petitioners.

(3.) IT is mentioned in the first impugned order that the substitution application was filed after 263 days of the death, while the limitation is 90 days. The death occurred on 23.6.2000. The limitation of 90 days to file substitution application applies to the suits and appeals and not to the revisions or writ petitions. However, the substitution application should be filed within reasonable time. The revisional court has rejected the substitution application on the ground that it was barred by time. The view taken by it is erroneous in law. Moreover, the other three complainants were there in the revision and in the matter of complaint for cancellation of patta, strictly speaking, no right is inherited by the successor of the complainant.