- (1.) HEARD learned counsel for the parties.
(2.) THIS revision petition is against the order dated 3-12-1997 passed by the learned Additional District Judge No. 3, Jodhpur in Civil Original suit No. 150/89 by which the trial Court allowed the application submitted by the defendant under Order 22, Rule 4 (3) C. P. C. and held that the suit of the plaintiff has abated.
(3.) BRIEF facts of the case are that the plaintiff filed the suit for specific performance of the contract on 1-5-1985 against the four defendants, namely, Virendra Singh, his wife Ramnik Kumari and son Harendra singh. Defendant No. 1 Virendra Singh expired on 28-8-1991, upon which the plaintiff submitted an application under Order 22 C. P. C. without mentioning the relevant rule, but obviously it is Rule 4 of the order 22 CPC with a prayer that the defendants Nos. 2 to 4, who are already party in the suit in their personal capacity, may be taken on record in the capacity of the legal representatives of defendant No. 1 also. The said application was dismissed by the trial Court by order dated 27-11-1995 on the ground that the application has been filed after delay.;