K.S. LODHA, J.—This is a defendants revision against the order of the learned District Judge, Jalore dated 21.10.83 granting exemption to the plaintiff from bringing the legal representatives of the deceased defendant No. 7 Nand Kishore on record.

2. Nand Kishore defendant No. 7 had died on 16 8.82 and an application for bringing his legal representatives on record had not been made within 90 days. Thereafter an application was made for that purpose on 25.2.83. Later the plaintiff also moved an application under Order 22 Rule 4(4) C.P.C. on 22.4.83 praying for exemption from bringing the legal representatives of the deceased Nand Kishore on record. It is an admitted fact that Nand Kishore has not filed any written statement nor had appeared before the court to contest the suit. The Court granted the exemption as prayed.

3. I have heard learned counsel for the parties.

4. The question before me is whether exemption under Order 22 Rule 4(4)C.P.C. could not be granted by the court because the application for such an exemption had not been filed within 90 days of the death of the defendant. As a matter of fact there is a divergence of opinion between various High Courts in this respect. L

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