BABULAL Vs. MANNILAL

JUDGEMENT

(1.) THIS case has been referred to a larger Bench by a Division Bench of this Court. A revision application was filed in the Court of the Ijlas Khas of the former Dholpur State by the plaintiffs Babulal and Fannatel against the judgment of the then Dholpur High Court dated 3-9-1940. The case remained pending until the State of Dholpur merged into the Matsya Union and then to the State of Raja-sthan. THIS case eventually came on the file of this Court in accordance with the provisions of the Rajasthan Appeals and Petitions (Discontinuance) Ordinance No. 40 of 1. 949 as amended by Ordinance No. 12 of 1950. During the pendency of this revision application the defendant Mannilal, opposite party, died on 19-1-1951. An application for substitution of the names of his legal representatives was made by the petitioners on 28-4-1952. A notice was issued to the opposite party to show cause why substitution of the names of the legal representatives as prayed for b the petitioners be not allowed, and an objection was taken that the application had been moved with considerable delay and should not now be allowed.

(2.) IN a similar case delay was condoned under Section 5, Limitation Act, by this Court in --'ramsarup v. Kanhaiyalal', Misc. Appln. No. 68 of 1951, D/- 22-1-1952 (Raj) (A ). IN another case of -- 'kanhaiyalal v. Mangalsingh', Civil Revn. No. 13 of 1951, it was held on 2-9-1952 (B) by this Court that Order 22, Civil P. C. and Article 176, Limitation Act have no application to the cases of revision petitions and if a petitioner is diligent his application for substitution of the names can be entertained even after the expiry of 90 days from the date of the" death of a party as there was a conflict between the two decisions, this case was referred to a larger Bench.