(1.) THIS Revision is directed against the order dated 31/7/1995 passed in Civil Appeal No. 3-A/1987 by the Second Additional District Judge, Durg.
(2.) THE brief facts are that the Plaintiff namely Smt. Sato Bai, since deceased, filed a Civil Suit No. 9-A/1982 against the Defendants Sakharam, Chherkin and Budhyarin Bai, the Petitioners herein, in the Court of Civil Judge Class-II, Balod for declaration that the Defendants are not the owners of the suit lands of Schedule - 'A' and 'B' of the plaint on the basis of gift deed dated 08.06.1973, which was a conditional gift, as they violated the conditions of the said document. She also prayed for recovery of possession alongwith damages. THE Trial Court dismissed the suit on 18/8/1987. Against the said judgment and decree, the Plaintiff filed an appeal before the Lower Appellate Court. THE Plaintiff died during the pendency of the appeal. After her death, the non-applicant No. 1 - Chintaram filed an application for substituting his name in place of the Plaintiff/Appellant under Order 22 Rule 3, 11 Code of Civil Procedure. He pleaded that the deceased/ Plaintiff had executed a will of the aforesaid property in his favour and he represents the estate of the deceased. This application was allowed and he was directed to be substituted in place of the Appellant/Plaintiff in the said Civil Appeal No. 3-A/1987. It is against this order; the Respondents/Defendants have filed this Revision.
(3.) ON the other hand, learned Counsel for the Respondent No. 1 supports the order. His contention is that apart from the merits of the petition, he also challenges the maintainability of this Revision in view of the provisions of Section 115 of Code of Civil Procedure.