HEMSAGAR Vs. SURUCHI

JUDGEMENT

(1.) This Revision Petition has been filed against the order dtd. 10/9/2024 passed by the Civil Judge, Senior Division, Saraipali, District Mahasamund (C.G.), whereby the application preferred under Order 22 rule 3 read with Sec. 151 of the CPC along with Sec. 5 of the Limitation Act has been allowed, though no application has been preferred in terms of Order 22 Rule 9 of the CPC for setting aside the abatement.

(2.) Learned counsel for the applicants submits that original plaintiffSuruchi has filed the Civil Suit for partition and separate possession. During the pendency of the said Civil Suit, on 2/5/2022, the sole plaintiff died and therefore, the legal representatives of the sole plaintiff have preferred an application under Order 22 Rule 3 read with Sec. 151 of the CPC along with Sec. 5 of the Limitation Act, as the application has not been preferred within a period of 90 days after death of the sole plaintiff, so the Suit is abated but no application has been filed in terms of Order 22 Rule 9 of the CPC for setting aside the abatement and without any such application, the trial Court has allowed the aforesaid application and set aside the abatement which is not according to law, therefore, he prays to allow this Revision.

(3.) Heard learned counsel for the petitioner at length and also perused the documents annexed with the Revision carefully.