SHEIKH RASUL Vs. ANWAR HAQUE

JUDGEMENT

(1.) Heard.

(2.) This revision is against the order dated 11-9-2001 passed by Civil Judge, Class-I, Mungeli, in Civil Suit No. 26-A/99, whereby the application for bringing L.Rs. of the plaintiff on record filed by applicant has been rejected.

(3.) It is submitted that Niyazbi filed a Civil Suit No, 26-A before the learned Civil Judge, Class-I, Mungeli against the respondent for declaration of title and permanent injunction of the suit land. The plaintiff Niyazbi had no issues and her husband had died as far back as in the year 1946. It is further submitted that as the plaintiff Niyazbi was old and infirm and there was no one in the family to look after her works, she used to take help from her brother's son namely Sheikh Rasul who is the present petitioner. During the pendency of the suit, the plaintiff Niyazbi died on 30-3-2001. After death of plaintiff, the present petition filed an application under Order 22 Rule 3, CPC informing the Trial Court about the death of plaintiff Niyazbi and requested the Trial Court to substitute the name of petitioner in place of plaintiff on the ground that she had executed a Will (Vasiyatnama) in favour of the applicant and he is the surviving legal representative of late Niyazbi.