Article 137 of the Schedule to the Limitation Act does not apply to an application for adding or substituting parties to a petition under Article 226 of the Constitution.

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. Consequently, this Court has held in a series of judgments that Order XXII of the Code does not apply to the revision petitions. See in this connection Jwala Singh Prem Singh V/s. Malkan Nasirpur, AIR 1958 Punj 171; Ram Saran Dass Tara Chand V/s. Ram Richhpal L. Mannu Lal, AIR 1963 Punj 206; and Smt. Dhan Devi V/s. Bakhshi Ram, AIR 1969 P&H 270.

4. It is, however, argued that in a petition under Article 226 of the Constitution of India, civil rights of the parties are involved and the procedure laid down in the Code of Civil Procedure, so far as it can be made applicable to proceedings which partake of the nature of civil proceedings and by virtue of Section 141 of the Code and other provisions of the Code including Order XXII, does apply to such proceedings.

5. While exercising jurisdiction under Article 226 of the Constitution, this Court does not try a "suit" as is ordinarily understood. The word "suit" is not defined in the Code of Civil Procedure. However, in Hansraj Gupta V/s. Dehra Dun Mussorie Electric Tramway Co. Ltd., AIR 1933 PC 63, it was held that the word "suit" ordinarily means, and apart from some context must be taken to mean, "a civil proceeding instituted by the presentation of a paint". Similar view was taken by the Supreme Court in Nawab Usmanali Khan V/s. Sagar Mal, AIR 1965 SC 1798. The Court observed-

"Now, a proceeding under Section 14 read with Section 17 of the Indian Arbitration Act, 1940, for the passing of a judgment and decree on an award does not commence with a plaint or a petition in the nature of a plaint, and cannot be regarded as a suit and the parties to whom the notice of the filing of the award is given under Section 14 (2) cannot be regarded as sued in any Court otherwise competent to try the suit."

6. The proceedings under Article 226 of the Constitution relating to civil matters are no doubt civil proceedings but on that ground alone it cannot be held that the Code of Civil Procedure governs such proceedings. This Court may while exercising jurisdiction under Article 226 of the Constitution draw upon the principles enunciated in the Code of Civil Procedure, for, the principle contained therein or by and large based on the principles of natural justice. Nevertheless, it can devise its own procedure for rendering speedy and efficacious justice in the circumstances of the case. Section 141 of the Code of Civil Procedure lays down that the procedure provided in that Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of Civil jurisdiction but this provision cannot be pressed into service for putting procedural fetters in the way of this Court for exercising jurisdiction under Article 226 of the Constitution for, the adoption of that course would practically stran