SHARANAPPA Vs. HAFEEZUDDIN ANSARI

JUDGEMENT

(1.) This civil revision petition under S.115 of CPC is directed against the order dated 31-3-1981 passed by the learned Addl. District Judge, Gulbarga in Mis. A. No. 50 oi' 1980 reversing the order dated 19th November 1979 passed by the learned Munsiff, Aland, in O.S. No. 50 of 1965 rejecting an application filed for setting aside the abatement.

(2.) The aforesaid suit was filed by one Sri Mohammed Sadruddin Ansari against the petitioner and respondents 2 and 6. It was stayed under S. 10 of the CPC, on the ground that another suit between the same parties filed earlier to the present suit was pending in this Court in the form of R.S.A. No. 88 of 1971.

(3.) During the period when the suit has been stayed, the plaintiff died. An application to bring the legal representatives of the deceased plaintiff has been field on 11-8-1978 long after the death of the plaintiff by the heirs of the deceased plaintiff, who are respondents 1, 3 4 and 5 in this civil revision petition. Along with this application, two other applications have also been filed, one for condoning the delay in filing the application to bring the legal representatives of the deceased on record and another for setting aside the abatement. The trial Court has held that the explanation offered by the applicants is not convincing and it cannot be accepted. Accordingly, it has rejected the application for condonation of dealy; consequently, it has also rejected the applications to bring the legal representatives on record and to set aside he abatement.