ISHWARA GOWDA Vs. SIDDESHWARA SWAMI

JUDGEMENT

(1.) THIS Civil Revision Petition is filed by the defendants in O.S.No.279/2002 challenging the order passed on I.A.No.II dated 9.8.2007.

(2.) FOR the sake of convenience the parties shall be referred to in terms of their status before the trial court.

(3.) IT is submitted on behalf of the petitioners that the Tribunal failed to appreciate the fact that the Swamiji who represented the plaintiff died on 6.7.2006 and thereafterwards no steps were taken till 30.11.2006 and it was only on 30.11.2006 that an application was filed for impleadment. Further the said application has been filed under Section 151 of CPC and the plaintiff being a Matt represented by the Swamiji after the death of the Swamiji, the suit itself abated and therefore, the trial court failed to appreciate these aspects while allowing the application.