ABHI RAM Vs. MOTI RAM

JUDGEMENT

(1.) This revision petition is directed against an order dated March 19, 1977 of the learned Subordinate Judge, Kandaghat purporting to restore a suit and directing that the legal representatives of certain deceased parties in the suit be brought on the record.

(2.) A suit was filed in the Court of the learned Subordinate Judge, Kandaghat, and during the pendency of the suit an order was made by the learned Subordinate Judge staying the proceedings in the suit pending the disposal of a first appeal in the High Court. The order specifically directed that the suit be stayed and the record be consigned to the record-room, the suit to be revived when the appeal had been disposed of in the High Court. The order of stay was made on Dec. 5, 1966. It appears that the appeal was actually disposed of by the High Court on Oct. 7, 1968. On April 1, 1972 Jagat Ram one of the plaintiffs died and on Feb. 2, 1973 Bala Ram, another plaintiff, died. Thereafter on May 1, 1973 Gorkhia, a defendant, died. On Aug, 5. 1973 an application was made by the plaintiffs for impleading the legal representatives of the deceased parties. It was stated in the application that:

(3.) By this revision petition, learned counsel for the petitioner contends that the order dated March 19, 1977 made by the learned Subordinate Judge suffers from want of jurisdiction for the reason that the application filed by the plaintiffs for substitution of the legal representatives did not pray for setting aside the abatement of the suit. It is also urged that the plaintiffs knew of the death of the parties much before the substitution application was made and that in fact the application was barred by limitation.