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1976 Supreme(P&H) 170

M.R.SHARMA, SURINDER SINGH, O.CHHINNAPPA REDDY
Ram Kala – Appellant
Versus
Assistant Director, Consolidation Of Holdings, Punjab, Rohtak – Respondent


Judgment

M.R.SHARMA, J.

1. The facts of the case are given in the elaborate order of reference prepared by my Lord the Chief Justice and need not be repeated all over again.

2. The decision of the case depends upon the answer to the following question:-

Whether Article 137 of the Schedule to the Limitation Act (36 of 1963) does or does not apply to an application for adding or substituting parties to a petition under Article 226 of the Constitution ?

3. Order XXII, Rule 4, Code of Civil Procedure, lays down that where one of two or more defendants die and the right to sue does not survive against the surviving defendant or defendants alone, or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application given in that behalf shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit. These provisions have been made expressly applicable to appeals by virtue of Rule 11 of Order 22, Code of Civil Procedure. However, there is no express provision in the Code of Civil Procedure making the provisions of Order XXII, Rule 4, of the said Code applicable to the revision petitions. Consequent






























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