( 1 ) THE predecessor-in-interest of the appellant herein filed a suit for recovery of money against the respondent. On 16-7-1985, the respondent filed appearance in the said suit and prayed for grant of time for filing written statement. On 16-1-1986, the respondent filed the written statement in the said suit along with the counter-claim. On 12-2-1986, the appellant informed the respondent about the death of one of the original plaintiffs. On 3-4-1986, the appellant filed an application for substitution of the deceased plaintiff which was allowed on 11-7-1986. Thereafter on 24-6-1988, the appellant moved an application that the counter-claim filed by the respondent may be held as abated as he has failed to substitute the deceased defendant in the counter-claim. The trial court accepted the plea of the appellant and held that in the absence of substitution of the deceased defendant in the counter-claim, the counter-claim has abated. Against the said order, the respondent herein filed a revision petition before the High Court. The High Court was of the view that once the legal representatives of the plaintiff are brought on record, there was no requirement under law to substitute t