MAULVI ISSA QURESHI Vs. DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) These two appeals by special leave arise against the orders of the High court of Allahabad dated 15/11/1995 and 1/3/1995 made in Revision Petition No. 16944 of 1995 and in CMWP No. 29890 of 1991. The admitted facts are that Ram Nihore, said to be living, laid the suit, impleading Mansari as a co-plaintiff, for perpetual injunction restraining the appellant from possession and enjoyment of the plaint schedule property. The suit came to be laid on 25/4/1988. The suit was dismissed for default on 27/5/1988. An application under Order 9 Rule 4 Civil Procedure Code was filed for restoration on 30/5/1988. The appellant filed objections staling that Ram Nihore had already died on 4/9/1979. Therefore, it was a fraudulent suit laid on behalf of a dead person by the co-plaintiff. That application came to be dismissed on 30/5/1988. Subsequently, the co-plaintiff filed an application for substitution of the son of the dead plaintiff on 6/2/1990. The appellant raised objection that since the suit had already been dismissed, no substitution could have been made. Accordingly, the civil court dismissedthe application on 6/2/1990. The respondent carried the matter in revision to the District Judge. The District Judge by his order dated 6/7/1991 allowed the application and directed substitution. When it came to be challenged before the High court in writ petition, the High court dismissed the same.