PT BADRI NATH Vs. PT DHANI RAM

JUDGEMENT

(1.) THIS revision petition is directed against the order of the learned City Judge, Jammu, dated 17 -12 -1975 vide which the application of the plaintiff petitioner for bringing on record the legal representatives of Shri Jagan Nath, deceased was dismissed.

(2.) IN a suit for ejectment and recovery of arrears of rent filed by the plaintiff, an application was filed, after the death of the plaintiff, for bringing on record his legal representatives to continue the suit. The learned City Judge dismissed that application on 17 -12 -1975. Aggrieved, the legal representatives of the plaintiff filed the revision petition in this Court on 25 -3 -1976.

(3.) A preliminary objection has been taken on behalf of the respondent to the effect that the revision petition is time -barred and merits dismissal on that account. Reference has been made to Rule 52(2) of the Jammu and Kashmir High Court Rules, 1975, with a view to stress that since, the revision petition was filed after the expiry of more than 90 days, the same was not maintainable. In reply Mr. J. L. Sehgal, learned counsel for the legal representatives/petitioners has submitted that since no period of limitation has been fixed under the Limitation Act, the objection raised on behalf of the respondent has no merits.