NORATA SINGH Vs. SAWAYA SINGH

JUDGEMENT

(1.) Petitioner Norata Singh (hereinafter referred to as "the plaintiff") filed a suit against Sawaya Singh defendant on May 2, 1987, for recovery of Rs. 2700/-. The cause of action was based on a pronote and receipt having been executed by Sawaya Singh defendant. Notice of the suit was issued to the defendant for August 7, 1987. On May 6, 1987, defendant died. The plaintiff filed an application on August 7, 1987, i.e. the date which was fixed in suit, for bringing on record the legal representatives of Sawaya Singh defendant.

(2.) Trial Court dismissed the application being time barred, as having been filed beyond a period of 90 days. Suit was also dismissed as having been abated.

(3.) The plaintiff carried an appeal to the first appellate Court. In appeal, the order of the Trial Court was upheld and it was maintained that the application filed for bringing on record the legal representatives was beyond limitation and the suit had abated. The plaintiff has come in Revision.