STATE BANK OF INDIA Vs. S WAZIR SINGH

JUDGEMENT

(1.) This is an application for setting aside the order dated 18th November 1976 passed in Lawazima by the Additional Registrar recording the note of abatement of the Rule as against the opposite party No. 1.

(2.) On May 1, 1975 S. Wazir Singh, the opposite party No. 1, died intestate. From an affidavit-in-opposition it appeared that S. Wazir left behind besides Smt. Suren-dra Kaur another daughter and one son. In spite of the best efforts the petitioner could not ascertain their names and address. Subsequently the petitioner filed an application for substitution of the heirs and legal representatives pf the opposite party No. 1. The Additional Registrar recorded an order of abatement of the Rule as against the opposite party No 1 presumably on the ground that the said application for. substitution was not filed within 90 days. It is stated that the petitioner was advised by the learned Advo- cate that in cases of revision application the time to file an application for substitution will be three years and not 90 days. In the circumstances it is prayed that the order dated 18th November 1976 passed by the learned Additional Registrar recording the note of abatement of the Rule as against the opposite party No. 1 be set aside.

(3.) The only point for consideration is whether an application for substitution of the legal heirs in a revision case is required to be filed within 90 days from the date of death or within three years. It may be stated at the beginning that there are conflicting decisions on this point.