DEV LAL Vs. FAILI

JUDGEMENT

(1.) THIS is a petition by the plaintiff against the decision of the Additional District Judge confirming the order of the civil Judge Second Class Antari rejecting an application presented by the plaintiff to bring the legal representative for the deceased defendant Patiram on record as barred by time and refusing to set aside the abatement of the suit.

(2.) IT is not disputed that the defendant Patiram died on 0 -12 -49 and the application which was presented by the applicant on 22 -0 -50 to bring the legal representative of Patiram on record, was barred by time under Art. 177 Limitation Act. Learned counsel for the applicant contends that the application which was presented by the plaintiff on 22 -3 -50 should have been considered as an application to set aside the abatement.

(3.) FOR the above reasons this petition is rejected.