BABULAL Vs. JAGGA BALI

JUDGEMENT

(1.) The defendant-petitioners has filed this revision petition under Section 115 of the Code of Civil Procedure, 1908 against the order dated 26.4.1997 passed by the learned-Additional District Judge No. 1, Sriganganagar whereby the order dated 4.8.1993 dismissing the appeal as abated was set aside and quashed and the Legal Representatives of deceased Babulal were ordered to be taken on record. .

(2.) I have heard the learned Counsel appearing for the parties and have very carefully, gone through the record of the case.

(3.) The brief facts of the case are that non-petitioner Jagga Bali filed an appeal against the judgment and decree passed by the learned Trial Court dated 12.11.1991 in Civil Suit No. 47 of 1988, which was registered as Civil Appeal No. 3 of 1992. 'During the pendency of the appeal, petitioner Babulal expired on 22.1.1993 and on failure to implead the Legal Representatives of deceased-petitioner Babulal on record within the statutory period of 90 days, the appeal stood automatically abated. For such an abatement, no formal order of the Court is necessary. However, the Court passed an order of abatement of the appeal on 4.8.1993 and by the same order rejected the application of the appellant, who is non-petitioner in this case under, Order XXII, Rule-4, CPC as the same was held to have been filed beyond the period of limitation prescribed by the law.