AIR 1998 CALCUTTA 55 ::(1998) 4 CurCC 461 ::(1998) 1 Cal WN 119

Calcutta High Court

Hon'ble Judge(s): S. N. Mallick , J

(A) Civil P.C. (5 of 1908) , S.115, O.22— Revision - Death of party during pendency of revision application - Substitution of legal heirs - Provisions of Order 22 are applicable. (Para 3) (B) Limitation Act (36 of 1963) , Art.137, Art.120— Substitution of legal heirs - Limitation - Death of party during pendency of revision petition - Substitution of legal heirs - Period of limitation - Three years as provided under Art. 137 and not as provided under Art. 120. Civil P.C. (5 of 1908) , S.115, O.22— Although the revisional jurisdiction of the High Court is a part of the general appellate jurisdiction of the High Court, a revisional application does not become an appeal for the purpose of application of Article 120 of the Limitation Act, and thus in the matter of substitution under Order 22 of C.P.C. during revision the period of limitation would be three years as provided under Article 137 of the Limitation Act and not by Art. 120.(Para 6) .....