N.D.OJHA
GYANWARI – Appellant
Versus
JAI SINGH – Respondent
( 1 ) A suit was instituted by the respondents against one Swarupa. It was decreed ex parte on 25th August, 1980. About two years thereafter Swarupa died on 21st August, 1982. The applicants in the present revision who are the legal representatives of Swarupa, made an application for setting aside the ex parte decree dt 25th August, 1980 which was allowed on 14th April, 1983. The suit having been restored to its original number the respondents made an application on 3rd October, 1983 for amendment of the plaint by deleting the name of Swarupa as defendant and adding the names of his legal representatives namely the applicants. This application was allowed on the same date. Subsequently an application was made by the applicants for recalling the order dt 3rd October, 1983. On the ground that since no application to substitute the legal representatives of Swarupa had been made within 90 days of his death the suit had automatically abated and the order dt. 3rd October, 1983 allowing amendment of the plaint as aforesaid was thus illegal. By its order dt. 7th August, 1984 the trial Court allowed this application of the applicants and declared the suit to have abated. The r
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