( 1 ) THE petitioners in this revision petition have assailed the order dated 12. 10. 1995, passed by the learned Additional District Judge, allowing the applications filed by Sh. Vinod Kumar, legal representative and son of the deceased plaintiff, under Order XXII, Rule 3, CPC, and under Order XXII, Rule 9, CPC. The learned Additional District Judge by the impugned order allowed the submission of the applicant Sh. Vinod Kumar in place of the deceased plaintiff and set aside the abatement.

( 2 ) THE factual matrix of the case may be noticed :

(I) The plaintiff Hans Raj Fialok expired on 17. 4. 1993. The Counsel of the defendant had so informed the Counsel for the plaintiff on 17. 9. 1993. The plaintiff s Counsel thereupon contacted the legal representatives of the deceased plaintiff and an application under Order XXII, Rule 3, CPC, for substitution of Sh. Vinod Kumar son of the deceased plaintiff on the basis of a will in his favour, was moved on 10. 12. 1993. An application for setting aside the abatement under Order XXII, Rule 9, CPC, was moved on 23. 1. 1995.

(II) In the application Order XXII, Rule 3, CPC, it was urged that the Counsel for the plaintiff upon learni