SARWAN SINGH Vs. GURBACHAN SINGH

JUDGEMENT

(1.) This order will dispose of two civil revisions number 1723 and 1724 of 1978 as these arise out of the same order dated August 4, 1978 passed by the learned Senior Subordinate Judge, Faridkot.

(2.) A suit was filed by the plaintiff-respondents for redemption of the suit land against the defendant-appellants which was stayed by the Court on May 23, 1959 till the decision of civil suit No. 107/176/95 dated 15.5.1959, 23.12.1961 and 30.8.1961 filed by the Punjab State against Narinder Singh. This suit was dismissed in the year 1961 by the trial Court. The appeal filed by the State of Punjab was disposed of by the High Court on April 11, 1975. Later on the plaintiff-respondents made an application for revival of the suit on May 10, 1977 which was allowed by the learned Subordinate Judge vide the impugned order dated August 4, 1978 which is under attack before this Court.

(3.) Shri Raipuri, learned counsel for the petitioners contended that the appeal was dismissed by the High Court as abated; that Narinder Singh died on April 3, 1973 and the appeal abated on July 3, 1973 and that the limitation for filing such an application was within three years and as such, the application was not maintainable for the revival of the suit after the expiry of three years. The learned counsel for the respondents has canvassed that no limitation is provided for such cases and the application for revival of the suit could be made at any time. He further contended that even if it may be assumed that Article 137 of the Limitation Act is applicable the application is within time as it was filed within three years of the order of dismissal of the High Court.