MOLU Vs. SORAN

JUDGEMENT

(1.) This judgement disposes of Civil Revision No. 2952 of 1989 and 551 of 1991 since common question of law arises for determination therein.

(2.) The only question which arises for determination is whether an application to bring on record legal representatives of a deceased plaintiff will be governed by Art. 120 or Art. 137 of the Limitation Act, 1963.

(3.) Reference to relevant facts has been made from the pleadings in Civil Revision No. 2952 of 1989. Mam Chand, one of the plaintiffs, instituted a suit for possession of the disputed property on 8/04/1981. He died on February, 1988. His widow, two sons and two daughters moved an application for being impleaded as legal representatives of the deceased. The defendants contested the application on the ground that it was filed beyond time and that the suit had abated. The trial Judge, relying upon the decision of this Court reported as Har Devi v. Joginder Singh, 1988 PLJ 375, held that the legal representatives of the deceased plaintiff could move the application for impleading them as parties to the suit within three years of the date of death of the deceased. The defendants have challenged this order in this petition.