- (1.) This case has been referred to the larger bench by the learned Single Judge by order dated 20/12/1996 referring the following issues for consideration: "1. Whether in revision petition limitation shall be deemed to be prescribed under CPC for moving an application for substitution after taking recourse of construction of Section 141 CPC ? 2. Whether in absence of any provisions under Order 22 read with Rule 11 of the said Order, the penal consequences enumerated under sub-rule (2) of Rule 3 and sub-rule (3) of Rule 4, CPC of the said order would not follow? 3. Whether application for substitution in revision can be moved under Section 151 CPC? 4. Whether Article 137 of the Indian Limitation Act prescribes limitation for moving a substitution application in revision petition, if so, its effect ? 5. Whether the field occupied under Article 137 of the Indian Limitation Act , 1963 is the same as it was previously occupied by its corresponding old Article 181 of the Indian Limitation Act , 1908 ?"
(2.) The issue arose in the circumstances that a revision petition under Section 115 CPC was filed by the petitioners on 11/4/1994. One of the petitioners died on 15/4/1994, an application under Section 151 CPC was filed for bringing on record the legal representatives of deceased petitioner on 24/2/1995 with the submissions that though the application was filed earlier, the same was missing from the record. It was further submitted that the provisions of Order XXII CPC do not apply to the revision petitions and, therefore, the legal representatives be taken on record.
(3.) The application was contested by the respondent by filing reply.;