1. This Civil Revision is directed against the order dated 06.05.96 passed by 2nd Civil Judge Class-II, Raipur in Civil Suit No. 119-A/94 whereby the application of the non-applicant/plaintiff under Order 22 rule 3 of the CPC for bringing Legal Representative of deceased Purroo has been allowed and name of the respondents No. 1.1 to 1.4 has been ordered to be substituted in place of deceased/Puroo.

2. The short question involved for adjudication of this Civil Revision is that whether an application under Order 22 rule 3 of the CPC for substitution, preferred after expiry of 90 days from the date of the death of plaintiff, can be considered and allowed in the absence of an application for setting aside abatement under Order 22 rule 9 of the CPC.

3. Learned counsel for the applicant submits that plaintiff Puroo died on 15.05.89 and respondent No. 1.1 to 1.4 Legal, Representatives filed application for bringing them as Legal Representatives of plaintiff on 22.11.89, admittedly, after a period of 90 days of the limitation prescribed for the same; when the suit stood abated.

4. The above application was not maintainable .in the absence of an application under Order 22 rule 9 of th