The Punjab and Haryana High Court in the case Manjit Kaur and others v. Paramjit Singh and others observed and has pulled up trial Court for dismissing the plea, overlooking 32 years old CPC amendment. The court in the case observed and has ignored the amendment done in Order XXII Rule 3 of the Code of Civil Procedure, 1908, which became enforceable w.e.f February 21, 1992.
The Trial Court in the case dismissed the application moved by Class I heirs for permission to bring them on record. The bench headed by Justice Anil Ksheterpal in the case observed and has stated that it is unfortunate that the trial court has failed to take note of the amendment made in Order XXII Rule 3 of the Code of Civil Procedure, 1908, which became enforceable w.e.f 21.02.1992.
Further, the court stated that while amending the Order XXII Rule 3 of the Code of Civil Procedure, 1908, it was laid down that where within the time limited by law, no application has been filed to bring on record the legal representatives of the plaintiff, the suit shall not abate and the judgment may be pronounced notwithstanding his death.
The court in the case remarked that even after the passage of nearly 32 years, thus, the trial court has overlooked the aforesaid amendment. The court made the said observations in response to the revision plea moved against the order of the trial court which had dismissed the application filed by Class I heirs for permission to bring them on record.
The bench of Justice Kshetrapal in the case observed while perusing the amendment done in 1992 that the Court should have allowed the application even if it was not filed within the prescribed time, particularly when the suit shall not have abated
Adding to it, the court stated that the legal representatives are brought on record to prosecute or defend the suit.
Therefore, the provision has been incorporated in order to give an opportunity to the legal representatives to continue with the proceedings.
The court while considering the facts and circumstances of the case observed and has directed the trial court is directed to permit the legal representatives. Accordingly, the court allowed the petition.
The counsel, Advocate Vivek K Thakur appeared for the petitioners. The counsel, Advocates Satnam Singh and Kuljinder Singh represented the respondents.
