- (1.) This revision petition is directed against the order of learned Sub-Judge Ist Class, Muktsar, dated November 4, 1975, whereby the application filed by the plaintiff under Order 22, Rules 6 and 9 of the Code of Civil Procedure was allowed and the abatement of the suit set aside.
(2.) On January 29, 1974, the learned counsel for Randhir Singh, defendant No. 7, disclosed in the Court that his client had died. Later on, the learned counsel for defendant Nos. 1, 3, 6 and 8 filed an application on February 2, 1974, that Randhir Singh had died on the night intervening 22nd and 23rd July, 1973 and his legal representatives having been not impleaded within time, the suit may be dismissed as having abated. The case was adjourned to March 13, 1974 for filing reply to the said application by the plaintiff and on that date the present application under Order 22, Rules 4 and 9 of the Code was filed for setting aside the abatement and for impleading the heirs of the deceased as legal representatives.
(3.) Notice of this application was issued to the proposed legal representatives who opposed the same and pleaded that the application was barred by time. Thereafter, the plaintiff filed an application under Section 5 of the Limitation Act on October 19, 1975. The delay was sought to be condoned on the ground that the plaintiff was a Corporation whose head office was in Delhi and, therefore, the death of defendant No. 7 could not be known earlier. It was also averred that there was no occasion for the plaintiff to know about the death of defendant No. 7 as his counsel continued to appear in the Court till January 29, 1974, when he disclosed this fact. As regards the period from January 29, 1974 to March 13, 1974, it was stated that on receipt of the information from the person incharge of the local branch, a man was deputed on February 24, 1974 to find out as to who were the legal representatives of the deceased and after collecting that information, the application was filed on March 13, 1974.;