RAM SARUP Vs. DILBAGH SINGH

JUDGEMENT

(1.) THIS Civil Revision is directed against the order of the Sub Judge Ist Class, Sonepat dated 22nd February, 1994 wherein the prayer of the petitioners for being impleaded as legal representatives of the defendant- Bhagwanti Devi in Civil Suit No. 74 of 1998 has been declined on the ground that the application has been filed beyond the period of limitation as prescribed under Article 120 of the Inthan Limitation Act.

(2.) LEARNED counsel for the petitioners has placed reliance on the judgments of this Court in Banta Singh and another v. Khazan Singh and others, 2001(2) RCR (Civil) 326 (P&H) : 2001(2) Rev. L.R. 464 and Saraswati and others v. Hazari Lal and others, 1990(1) RRR 55 (P&H) : 1990(1) Rev.L.R. 123 to contend that after the amendment in Order 22, Rule 4, Code of Civil Procedure, on 11th April 1975 there is no limitation for bringing on record the legal representatives of the deceased-defendant.

(3.) ACCORDINGLY , the revision petition is allowed. The petitioners have already been held to be the legal representatives of the deceased. Therefore, they shall be impleaded as legal representatives of Bhagwani Devi, defendant in Civil Suit No. 74 of 1988. No costs. Revision allowed.