RAJINDER SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) SHRIMATI Chhoto (now deceased) filed a suit for declaration assailing the gift deed, alleged to have been executed by her in favour of respondents No. 1 to 3. The trial Court decreed the suit on 13th August, 1979. Respondent No. 1 to 3 filed an appeal against the judgement and decree of the trial Court before the District Judge, Sangrur. During the pendency of that appeal, Smt. Chhoto died on the 10th February, 1981. On 26th August 1981 the petitioners claiming to be legatees from Smt. Chhoto moved an application for being impleaded as parties in the appeal. The District Judge, Sangur, vide order dated 14th January 1983 dismissed their application being time barred. It is against this order that the present revision is directed.

(2.) ORDER 22 Rule 4 of the Code of Civil Procedure, 1976 (for short the Code), lays down procedure in case of death of one or several defendants or of sole defendant. The relevant part of this rule reads :

(3.) THE High Court of Punjab and Haryana has substituted sub-rule (3) of the 4 of the Order 22 vide amendment made in 1975 and the substituted provision reads :