ANADI VISHWAKARMA Vs. MOHAMMAD SHARIF

JUDGEMENT

(1.) By the impugned order dated 28.01.2014, the application filed by the petitioners/defendant (legal representatives of defendant No. 1) under Order 22 Rule 9 CPC for holding the suit to be abated has been dismissed by the trial Court, questioning that order this writ petition has been preferred.

(2.) Mr. Subhash Yadav, learned counsel for the petitioners submits that the impugned order is unsustainable and bad in law as the Defendant No. 2 died on 19.03.2004 and the application for substitution was filed on 21.08.2013, as such the suit has already been abated and trial Court is unjustified in rejecting the application and not holding that suit has abated.

(3.) I have heard learned counsel for the petitioners.