MANUBHAI AND COMPANY Vs. BABAJEE RAJARAM

JUDGEMENT

(1.) The grievance of the petitioners in this revisional application is that the Commissioner for Workmen's Compensation wrongly held in favour of the opponent that she was entitled to continue the original application filed for compensation by her deceased husband, and in that connection the Commissioner wrongly rejected the contention made on behalf of the petitioners that the application for bringing the opponent on record was not made within the period of limitation prescribed.

(2.) In the submission of Mr. Rele for the petitioners, the application for bringing the opponent on record was much after the application had abated and was barred by limitation. The application should have been rejected.

(3.) Mr. Rele's attempt was to rely upon the provisions of O. XXII, r. 3, of the Code of Civil Procedure in support of his above submission. The contention was that the original applicant died on September 25, 1967, and the application for bringing the opponent being the widow of the deceased applicant on record, was made on February 21, 1968. The original application must be held to have abated. The present application for bringing the opponent on record was made on February 21, 1968 and was beyond the time prescribed.