2020 (6) ALJ 19 ::AIROnline 2020 All 1662 ::(2020) 141 All LR 375 ::(2020) 4 ADJ 595 (All) ::(2020) 214 All Ind Cas 929 (All) ::(2020) 2 All RC 474 ::(2020) 4 All WC 3396 ::(2020) 3 Civ LJ 300

Allahabad High Court

Hon'ble Judge(s): Rajan Roy , J

Provincial Small Cause Courts Act (9 of 1887) , S.25— Limitation Act (36 of 1963) , Art.121, Art.137— Revision - Substitution of legal heirs - Limitation - Provisions of Art. 137 of Limitation Act would apply - Application has to be filed within limitation period of 3 years. Since SCC revision is neither suit nor appeal, Art.121 of Schedule to Limitation Act, 1963 would not apply as said Article would apply to application to have legal representative of deceased plaintiff or appellant or of a deceased defendant or respondent to be made a party in a suit or appeal under CPC which is not attracted herein. Therefore, in these circumstances, as this revision is under S. 25 of the Act is before High Court, it is Art.137 of Act, 1963 which applies and limitation for filing application for substitution in SCC revision would be 3 years.