JUDGMENT

In this case the sole appellant died on 21st March, 1988. An application for bringing the legal representative on record was filed by Sri Gur Preet Dass Chela of the appellant on 24-1-1991. This application has been contested on behalf of the respondent on the ground that there is no satisfactory explanation regarding the delay in filing this application. It has been submitted that Gur Preet Dass himself had filed a suit in the Court of Sub-Judge Amloh on 29-8-1990 and in that plaint in para 15, Gur Preet had admitted that a case was pending between the Gurdwara Prabandhak Committee, Amritsar and Niranjan Dass, and the SC was pleased to stay dispossession of Niranjan Dass. Photostat copy of the order of the SC was also attached with the plaint and thus it is clear beyond doubt that the applicant Gur Preet Dass had the knowledge of the present appeal at least on the date of plaint that is 29-8-90. The application for substitution has been filed on 24-1-91 which is admittedly beyond the period of 90 days.

2. Learned counsel for the applicant brought to our notice and placed reliance on a decision of the Punjab and Haryana High Court in Smt. Har Devi v. Joginder Singh, reported