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1978 Supreme(Pat) 108

MANORANJAN PRASAD, L.M.SHARMA
Harakh Nath Singh – Appellant
Versus
Lodha Singh – Respondent


Advocates appeared:
For the petitioners: M/s N.K. Prasad & V.S. Prasad.
For the Opp. Parties : M/s Sambhu Prasad, Ayodhya Prasad, Amareshwar Sahay, Bipin Prasad & Suresh Prasad.

ORDER OF THE COURT

This is an application for substitution of the heirs of the opposite party no. 1 and 7 who have died after filing of the Civil Revision application. The main application is directed against the order dated the 25th November, 1976 and was filed on the 22nd of December, 1976, The opposite party no.1 died on the 26th of January, 1977 and opposite party no. 7 on the 17 January, 1977. The substitution application has been filed on the 8th of July, 1977.

2. On behalf of some of the heirs sought to be substituted, Mr. Shambhu Prasad has contended that Order 22 of the Code of Civil Procedure applies to a Civil Revision application and since the petition for substitution has been filed after the expiry of the period of limitation the same can not be allowed.

3. When the present application was placed for orders before Mr. Justice Shambhu Prasad Singh, sitting singly he referred it to a Division Bench, since the question has not been decided authoritatively by our High Court. It has, accordingly, been placed for orders before us.

4. In support of the proposition that no question of abatement arises in a Civil Revision application, Mr. N.K. Prasad has relied upon the decisions





















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