RSA No. 1770 1986 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 1770 1986 Date of decision: September 23, 2011 Jagdish Singh ...Appellant Versus The Kahma Coop. Agri. Service Society Kahma and another ...Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. BS Giri, Advocate, for the appellant. Mr. AS Khaira, Advocate, for respondent No.1. GURDEV SINGH, J. Heard. No application has been filed by the learned counsel for the appellant for impleading the legal representatives of the sole appellant. He tried to submit that even in the absence of the legal representatives, the appeal is to be decided, as contract between him and the deceased appellant subsists even after his death, as per the amendment made by this Court in Order 22 Rule 3 of the Code of Civil Procedure. As per Notification No. GSR 14/C.A.5/1908/S.122/92, dated 21.2.1992, Order 22 Rule 2 CPC was amended and for the existing sub-rule (2), the following was substituted:- “Where within the time limited by law no application is made under sub-rule (1), the suit shall not abate as against the RSA No. 1770 1986 2 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.” As per Section 16 of the Code of Civil Procedure (Amendment) 2002, any amendment made by the High Court after the commencement of that Act shall, except in so far as such amendment is consistent with the principal Act, as amended by that Act, stand repealed. The amendment of this Court is not in consistent with the principal Act and as such, deemed to have been repealed. Therefore, it was necessary for the legal representatives of the appellant to come on record. The period for filing such application has already expired. Therefore, the appeal stands abated and is disposed of as such. September 23, 2011 (GURDEV SINGH ) prem JUDGE