ISLAMIA COLLEGE OF SCIENCE AND COMMERCE Vs. HASSAN

JUDGEMENT

(1.) This revision is against the order of Sub Judge, CJM, Srinagar dated 30-11-1982. During the pendency of this revision respondent No. 1 who was plaintiff in the court below has died. In the court below application for brining his legal representatives on record has been filed. In the present revision no application was filed for substitution of respondent No. 1 within the time prescribed in law. Therefore, it is contended by Mr. Farooqi that the revision has abated.

(2.) Mr. R.N. Kaul has proceeded on the assumption that application for substitution was brought after the expiry of period of limitation prescribed for the substitution. He submits that revision will not abate because of two reasons :

(3.) Mr. Mufti Showkat has drawn my attention to various documents and it is stated by him that petitioner had full knowledge about the death of respondent No. 1. Therefore, they have no excuse to offer for filing the application after period of limitation. They have acted with negligence and inaction. The revision has as such abated because in the absence of respondent No. 1 or his legal representatives it cannot be decided.