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1972 Supreme(All) 151

R.B.MISRA, SATISHCHANDRA, S.TRIVEDI
Chandradeo Pandey – Appellant
Versus
Sukhdeo Rai – Respondent


Advocates:
S.K. Varma, for Applicants; R. Pandey, for Opposite Parties.

Judgement

R. B. MISRA, J. :- These two Civil Miscellaneous Applications arise out of Civil Revision No.1777 of 1968. They came up for disposal before a learned Single Judge of this Court. He has referred these applications to a larger Bench because he felt that there was a conflict of opinion between two Division Bench decisions on the question whether an application in revision would abate if no substitution application was made within ninety days of the date of death of a deceased party. In the Union of India v. Shanti Swaroop, AIR 1966 All 530, a Division Bench took the view that since there is no period of limitation prescribed for an application for substitution in revision, it can be made at any time so long as the application in revision is pending. A contrary view was taken by another Division Bench of Oudh Chief Court in Khuda Bux v. Maha Nand Tewari, AIR 1948 Oudh 84. It was held that if after the admission of a revision application one of the parties dies and an application to bring his legal representatives on record is not presented within a reasonable time (which in the case of such an application is the time mentioned in Order XXII, Civil Procedure Code), the revision


































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