AIR 1979 PUNJAB AND HARYANA 192 ::1979 RevLR 211 ::1979 Punj LJ 198 ::(1979) 81 Pun LR 391

Punjab And Haryana High Court

Hon'ble Judge(s): J. M. Tandon , J

Civil P.C. (5 of 1908) , O.22 R.4, O.22 R.11— Applicability of O.22 to revision proceedings. In the instant case the trial court ordered amendment of the plaint. The plaintiff went in revision from the order to the High Court which admitted the revision and stayed the suit. Two of the defendants died during the revision proceeding but their L. Rs. were not impleaded therein. The plaintiff applied in the trial court to implead them after his revision petition had been allowed. The question arose whether the suit had abated under O.22, R.4. Held that the suit could not be taken as pending in the context of O.22, R.4, during the pendency of revision wherein the proceedings in the trial court had been stayed. The question of abatement of the suit, therefore, did not arise. Order 22 Rule 4 has been amended by the High Court of Punjab and Haryana. The effect of the amendment is that the legal representatives of a deceased defendant have been made responsible for getting themselves impleaded as defendants. In view of the amended O.22, R.4 it was the duty of the legal representatives of the deceased defendants to get themselves impleaded as defendants. The plea regarding the abatement of the suit could not succeed for this reason as well.(Para 6) Anno : AIR Comm. Civil P.C. (9th Edn.), O.22 ....