D. K. KAPUR, J. (Oral)

( 1 ) THIS is a revision petition at the instance of the legal representatives of one Nanhay Ram deceased. The said Nanhay Ram had instituted a suit against the respondent Nathi Lal for recovery of an amount due on a mortage. A decree was passed in that suit on 21st July, 1964. According to both the parties before me this was a preliminary decree, though a copy of the decree that I have been shown, does not appear to be a preliminary decree in the form contemplated by Order 34, rules 4 and 5 of the Code of Civil Procedure. I am assuming, however, for the purpose of this order that the decree is a preliminary decree. After the said decree had been passed, Nanhay Ram died on 22nd September 1964 before the time for payment of the money, which was fied by the decree as 21st April 1965, had elapsed. Thereafter, an application was made by the present petitioners to be impleaded in the suit under Order 22, rule 3 of the Code. This application was contested by the respondent, who was defendant in the suit, on the ground that Order 22 rule 3 did not apply. The application for bringing the legal representatives on record in place of the deceased was dismissed for defaul

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