The learned Munsif considered the effect of not substituting the heirs and legal representatives of deceased defendant Nos. 1, 3 and 4. The defendant's contention was that the suit abated as a whole. The learned Munsif heard the parties, gave effect to that contention and held that since the plaintiff failed to take any steps for substitution of the legal representatives of deceased defendant Nos. 1, 3 and 4 within the statutory time, the suit abated as a whole. Against that order, the present revisional application has been filed by the petitioner.

2. The learned Advocate appearing on behalf of the petitioner has contended that in view of the amendment made to Order 22, Rule 4(4) of the Code of Civil Procedure, by the amending Act of 1976, the Court has unfettered power to grant exemption to a party to make any substitution, where the deceased defendants did not appear and contest the suit. Previously, the provision of Rule 4(4), as amended by the Calcutta High Court, was controlled by those of sub-rule (3), which used the expression at the end "except as hereinafter provided". But the aforesaid expression appearing at the end of sub-rule (3) of Rule 4 was deleted by the am