Present: SHAFI MUHAMMADI, J.
Late SAIFUDDIN through his legal representative
Revision Application No. 85 of 1995 accepted on 11-7-1995.
(i) Civil Procedure Code, 1908, (Act V of 1908)–
—S. 115 read with O.XXII r. IV-General Power of Attorney-Revocation of-Suit for declaration-Death of defendant-Application by Legal heirs for impleading as defendants-Dismissal of-Challenge to–Delay in moving application under O. 22 r. 4~Effect of—If delay can be explained and no prejudice is caused to any contesting party, then delay can be over looked-No point of delay was urged by respondent when application was argued before trial Court-Held: Weapon of technical delay in moving an application should not be used in promotion of principles of natural justice.
[Pp. 3357 to 359] A, B, & C
1994 CLC 544, 1994 CLC 2030 rel.
(ii) Civil Procedure Code, 1908 (Act V of 1908)–
—O. 22 r. 4-Whether Revision is not maintainable against O. 22 r. 4 of CPC-Question of-It is not correct that only appeal can be maintainable in each and every case of an application under O. 22 R. 4–In a case where there is not ex-parte order and defendant is contesting against plaintiff with full force then refusal by Court to bring his L.Rs on record after his death would attracted only Revision-After amendments brought in Rule 4 Order 22 CPC through L.R.O. 1972, a suit or appeal does not abate for non impleading of L.Rs even if no application is made-Held : If L.Rs. are refused to be brought on record, such decision of court would amount to crucify justice- [P. 359] D & E
AIR 1957 Madras 236 ref.