It appears that original claimant/opponent has expired on 4.11.2012. The application to implead legal representatives of the deceased opponent 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 opponent. Accordingly, present proceedings i.e. civil application and first appeal stand abated.
(S.H.VORA, J.) shekhar Page 1 of 1
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