C A KHABEER Vs. ABDUL NUBEEN

JUDGEMENT

(1.) REVISION is filed against the order in I.A. No.17681 of 2001 in O.S. No.5115 of 2001 on the file of VII Additional Judge, City Civil Court. The respondents 1 to 7 as plaintiffs filed the suit against 145 defendants in O.S. No.5115 of 2001 for partition and other reliefs. Pending suit, on 28.3.2001 the 28th defendant died. The legal representatives of the said defendant were not brought on record within the time prescribed by law, and there was some delay. The plaintiffs filed three applications viz., (1) to condone the delay of 25 days in filing the application to set aside the abatement, (2) to set aside the abatement and (3) to bring one son and three daughters of the deceased 28th defendant as legal representatives. These three applications were contested only by the present petitioner, viz., the 94th defendant.

(2.) THE trial Court after considering the entire matter, by an order dated 6.12.2001 allowed all the three applications, however, on terms. That is to say, the plaintiffs were directed to pay a sum of Rs.500 as costs to the 94th defendant, who only contested the applications.

(3.) IN this view of the matter, there are no merits in the C.R.P. Consequently, the civil revision petition is dismissed. No costs.