C.R. No. 1911 of 2008 1 In the High Court for the States of Punjab and Haryana at Chandigarh … C.R. No. 1911 of 2008 Date of decision: February 20,2009 Amandeep Singh and another ..Petitioners Versus Iqbal Singh and another ..Respondents Coram: Hon'ble Mr.Justice Rakesh Kumar Garg Present: Mr. K.S.Rekhi, Advocate for the Petitioner. ... Rakesh Kumar Garg,J.(Oral) This revision petition has been filed on behalf of the legal representatives of Kuldip Singh who was one of the plaintiffs before the trial Court in Civil Suit No.193 of 2006/2007 pending in the court of Civil Judge(Junior Division), Amritsar challenging the order dated 28.2.2008, whereby their application for bringing them on record as legal representatives of Kuldip Singh, plaintiff who died on 16.3.2007 was rejected only on the ground that the application has been filed after a delay of 208 days. Learned counsel appearing on behalf of the petitioners has argued that an amendment has been made by this Court under Order 22 Rule 3 C.P.C. vide notification dated 21.2.1992 and it has been notified that where the application has been filed to bring on record the legal representatives of the respondent after 90 days of the period of limitation as prescribed under Order 22 C.P.C., the suit shall not abate for the reason that the legal representatives have not been brought on record within time prescribed and has argued that in view of the aforesaid amendment, the application of the petitioner could not have been rejected. After hearing learned counsel for the petitioner, I find merit in the C.R. No. 1911 of 2008 2 contention raised by the counsel for the petitioner. The amended sub rule (2) of Order 22 Rule 3 reads as under:- “Where within the time limited by law no application is made under sub-rule (1), the suit shall not abate as against the deceased plaintiff and the judgment may be pronounced notwithstanding his death which shall have the same effect as if it has been pronounced before the death took place, and the contract between the deceased and the pleader in that event shall continue to subsist.” Accordingly the impugned order is set aside and the trial Court is directed to decide the application filed by the petitioners to bring them on record as legal representatives of Kuldip Singh plaintiff afresh. The petitioners are directed to appear before the trial Court on 17.3.2009. Revision petition stands disposed of. February 20, 2009 (RAKESH KUMAR GARG) nk JUDGE