KULDIP BHARDWAJ Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated January I 7, 1989, whereby the application filed by the petitioners under Order 1 Rule 10, Code of Civil Procedure (hereinafter called the Code) was dismissed..

(2.) The plaintiff Bank filed suit against the defendants including Sukhwinder Singh, defendant No. 2. During the pendency of the -suit, the said Sukhwinder died. His legal representatives, the said wife and the minor sons, moved an application purporting to be under Order 1 Rule 10 of the Code for being impleaded in the suit being the necessary parties. The said application was contested on behalf of the plaintiff Bank inter alia on the ground that the said Sukhwinder Singh was proceeded ex-parte and, therefore, there was no occasion for his legal representatives to be brought on the record. According to the trial Court, the said Sukhwinder Singh died on August 1, 1988, whereas the said application war, filed on December 2, 1988. According to the trial Court since tile provisions of Order 1 Rule 10 of the Code were not attracted, the application was liable to be dismissed.

(3.) Faced with this situation, it was prayed on behalf of the applicants that the said application be treated as the one under Order 22 rule 4 of the Code. The trial Court declined the same also on the ground that since the application was filed not within three months of the death of Sukhwinder Singh, the same was not within time and the suit had already abated against him.