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1991 Supreme(J&K) 15

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
B.A. Khan, J.
Harbans Lal Gupta - Appellant
Versus
Sain Dass & Ors. - Respondent
CMP No. 88/1988, Civil Revision No. 16/1987
Decided On : 08 March, 1991

Advocates Appeared:
Advocate For Appellant: S.S. Lehar
Advocate For Respondent: L.K. Sharma

Article 176 of the Limitation Act, which provides a six-month period of limitation for applications to bring the legal representatives of a deceased plaintiff or appellant on record, does not apply to revision petitions. An application for bringing the legal representatives of a deceased respondent on record in a revision petition falls under Article 181, which provides a three-year period of limitation from the date when the right to apply accrues.

Headnote:

LIMITATION ACT - ARTICLE 176 AND 181 - APPLICATION TO BRING LEGAL REPRESENTATIVES ON RECORD IN REVISION PETITION - PERIOD OF LIMITATION - ARTICLE 176 NOT APPLICABLE - ARTICLE 181 APPLIES - THREE YEARS PERIOD FROM DATE OF ACCRUAL OF RIGHT TO APPLY.

Fact of the Case:

The petitioner filed an application to bring the legal representatives of the deceased respondent on record in a revision petition. The respondents objected, arguing that the application was barred by limitation under Article 176 of the Limitation Act, which provides a six-month period for such applications. The petitioner argued that Article 176 did not apply to revision petitions and that the residuary period of limitation under Article 181, which is three years, should be applied.

Finding of the Court:

The court held that Article 176 of the Limitation Act, which provides a six-month period of limitation for applications to bring the legal representatives of a deceased plaintiff or appellant on record, does not apply to revision petitions. The court found that a revision petition is not an original proceeding like a suit or an appeal, and that the words "deceased plaintiff" and "deceased appellant" used in Article 176 indicate that the period of limitation prescribed therein is only applicable to suits and appeals. The court also held that an application for bringing the legal representatives of a deceased respondent on record in a revision petition falls under Article 181, which provides a three-year period of limitation from the date when the right to apply accrues.

Issues: Whether Article 176 of the Limitation Act, which provides a six-month period of limitation for applications to bring the legal representatives of a deceased plaintiff or appellant on record, applies to revision petitions.

Ratio Decidendi: The court found that a revision petition is not an original proceeding like a suit or an appeal, and that the words "deceased plaintiff" and "deceased appellant" used in Article 176 indicate that the period of limitation prescribed therein is only applicable to suits and appeals. The court also held that an application for bringing the legal representatives of a deceased respondent on record in a revision petition falls under Article 181, which provides a three-year period of limitation from the date when the right to apply accrues.

Final Decision: The court allowed the application to bring the legal representatives of the deceased respondent on record and directed the registry to make the necessary corrections in the title and index of the revision petition.

1. This is an application for bringing the legal heirs representatives of respondent Sain Dass on record.

2. Objections have been filed against the application, wherein it is contended that the respondent Sain Dass has died on August 12, 1987 whereas this application has been filed on February 18, 1988 after the expiry of prescribed period of limitation of six months, as provided under Article 176 of the Limitation Act and. as such the application was not maintainable.

3. Before adverting to the plea of limitation raised by the respondents, it would by appropriate to briefly-sum up the facts giving rise to revision petition No: 16 of 1987 in which the present CMP has been filed. The record reveals that one Bahadur Chand was an appellant in civil appeal pending disposal in the court of District Judge, Jammu and after his death the present petitioner Harbans Lal filed an application for being brought on record as legal representative of deceased Bahadur Chand on the basis of a Will. After examining the validity of the Will, the learned District Judge, Jammu vide his order dated December 29, 1986 held that the will in question was not a valid document and, as such, the present petitioner Harbans Lal could not be brought record as legal representative of the deceased Bahadur Chand (appellant).

4. Aggrieved by this order, the present petitioner has filed Revision Petition No 16/1987 which is pending disposal in this court. During the pendency of the said revision petition, respondent No : 1 (Sain Dass) died and the petitioner has filed this application for bringing his legal representatives on record. This application is opposed on the ground that the same is barred by time as it has been filed after the expiry of six months from the date of death of respondent Sain Dass.

An interesting question that falls for determination is whether this application can be held to be barred by time in terms of the provisions of Article 176 of the Limitation Act or whether the applicant could fall back upon the residuary period of limitation, provided under Article 181 of the Limitation Act. Before proceeding further it would be beneficial to extract the relevant Articles as under:-

176 :"Under the same Code to have the legal representatives of a deceased plaintiff or of a deceased appellant made a party.Six months The date of the death of the deceased plaintiff or appellant."
181 :Application for which no period of limitation is provided elsewhere in this schedule or by section 48 of C.P.C.Three yearsWhen the right to apply accrue"

5 The learned counsel for the applicant has come up with a very interesting argument that Article 176 of the 1st schedule appended to Limitation Act providing six months period of limitation for making an application to bring the legal representatives of a deceased plaintiff/ appellant on record was not attracted in case of a revision petition He submitted that a revision was not an original proceeding .like a suit or an appeal and the words deceased plaintiffand deceased appellant used in Article 176 were indicative of the legislative intent that the period of limitation of six months prescribed therein was only applicable to suit and appeals and not to revisions. He elucidated the contention by pointing out that while periods of limitation had been provided under the Limitation Act for different kinds of suits and appeals, no such period had been provided in case of a revision. He , therefore, urged that any application for bringing the legal representatives of a deceased respondent on record in a revision petition would fall under Article 181 which provides three years period from the date when the right to apply accrues,

6. In rebuttal, the learned counsel for the respondents Mr. Sharma placed reliance on Section 141 and Order 22 Rule 4 of CPC. He urged that under section 141 CPC was applicable to all types of proceedings in any court of civil jurisdiction. Similarly, any application for bringing the legal representa






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