Dev Darshan Sud, J. (oral)

This petition has been preferred by the defendant against the order passed by the learned Civil Judge (Junior Division), Court No.1, Una, District Una, H.P., allowing application of the plaintiffs under Order 22, Rule 3 read with Order 22, Rule 9 and Order 1, Rule 10 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as the CPC) and Section 5 of the Limitation Act for bringing on record the legal representatives of deceased plaintiff No.2 Smt. Lachhmi Devi.

2. It is undisputed before me that the case was remanded by the learned Additional District Judge, Una vide order dated 23.10.2003. Smt. Bhagti Devi, defendant No.9 who was respondent No.6 in appeal had died on 30.5.1993 during the pendency of the suit in the learned trial Court. Behari Lal, defendant No.15, who was respondent No.12 in appeal had died on 3.1.1998 during the pendency of the appeal and his legal representatives were not substituted. One of the plaintiffs, namely, Smt. Lachhmi Devi (plaintiff No.2) had also died during the pendency of the suit and the question for consideration was as to whether the suit abates or not.

3. Before the learned trial Court t