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Judgment
S.P. Goyal, J. (Oral)
By the impugned order, the trial Court rejected the application filed by the legal representatives of defendant Nos. 3 (who has died) for being impleaded as his legal representatives as barred by time. It appears that trial Court was completely oblivious of subrule (3) of Rule 4 of Order 22, Civil Procedure Code, framed by this Court which reads as under :
"(3) Whether within the time limited by law no application is made under subrule (1) the suit shall not abate as against the deceased defendant and judgment be pronounced notwithstanding the death and shall have the same force and effect as (if) it had been pronounced before the death took place."
From a bare perusal of the above provision it is apparent that the counsel for the deceased continued to represent him and his legal representatives would be bound by the decree ultimately passed. It necessarily means that the legal representatives supposed to be represented by the counsel for the deceased. In these circumstances, the question of any limitation for the legal representatives to come up on the record does not arise. This petition is, therefore, allowed and the impugned order reversed. No costs.