J.M.TANDON, J. - (1.) SHRIMATI Chhoto (now deceased) filed a suit for declaration assailing the gift deed, alleged to have been executed by her in favour of respondents No. 1 to 3. The trial Court decreed the suit on 13th August, 1979. Respondent No. 1 to 3 filed an appeal against the judgement and decree of the trial Court before the District Judge, Sangrur. During the pendency of that appeal, Smt. Chhoto died on the 10th February, 1981. On 26th August 1981 the petitioners claiming to be legatees from Smt. Chhoto moved an application for being impleaded as parties in the appeal. The District Judge, Sangur, vide order dated 14th January 1983 dismissed their application being time barred. It is against this order that the present revision is directed.
(2.) ORDER 22 Rule 4 of the Code of Civil Procedure, 1976 (for short the Code), lays down procedure in case of death of one or several defendants or of sole defendant. The relevant part of this rule reads : "(1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone or a sole defendant sole receiving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendant to be made a party and shall proceed with the suit. (2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased as legal representative of the deceased defendant. (3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant. - - -" Order 22 of the Code has been made applicable to the appeals as well under rule 11 thereof which reads : "In the application of this order to appeals, so far as may be, the word "plaintiff" shall be held to include an appellant, the word "defendant" a respondent, and the word "suit" an appeal. It is thus obvious that Order 22 Rule 4(3) has application to appeals.
(3.) THE High Court of Punjab and Haryana has substituted sub-rule (3) of the 4 of the Order 22 vide amendment made in 1975 and the substituted provision reads : "Where within the time limited by law no application is made under sub-rule (1) the suit shall not abate as against the deceased-defendant and judgment be pronounced notwithstanding the death the shall have the same force and effect as it had been pronounced before the death took place." ;