NAWAL SINGH Vs. NIRBHAY SINGH

JUDGEMENT

(1.) THE defendants have filed this civil revision under Section 115 of the Code of Civil Procedure (for short 'the Code') against the order dated 10th December, 1994 passed by Tenth Civil Judge, Class -I, Indore in C.O.S. No. 118 -A/94 thereby showing the delay on application under section 5 of the Limitation Act and allowing the application under Order XXII Rule 4 of the Code and permitting the legal representatives of deceased -defendant No. 1 Nawal Singh to be substituted in place of defendant No. 1. These legal representatives have also filed this civil revision alongwith surviving defendants No. 2 to 4.

(2.) I have heard Shri Y.I. Mehta, learned counsel for the applicants and Shri Vinay Zelawat, learned Govt. Advocate for non -applicant No. 2. None appeared for non -applicant No. 1.

(3.) INDISPUTABLY there was some delay in filing the application for substitution. Defendant No. I was represented by the pleader. However, the pleader did not inform the Court about the death in terms of Order XXII Rule 10A of the Code.