It appears that original claimants/opponent Nos.1 and 4 have expired before five to six years. The application to implead legal representatives of the deceased opponents is governed by Article 120 of the Limitation Act, 1963. As per Article 120 of the Limitation Act, an application for substitution of legal representatives has to be made within 90 days from the date of death. Failure to bring on record the legal representatives of the deceased within 90 days from the date of death results in the abatement of suit/appeal qua deceased opponents. Accordingly, present proceedings i.e. civil application and first appeal stand abated qua the deceased opponent Nos.1 and 4.
Registry is directed to list this matter qua opponents, who were duly served, on 1.10.2013.
(S.H.VORA, J.) shekhar Page 2 of 2