KANGAL Vs. ATWARIYA DEVI

JUDGEMENT

(1.) Opposite party Smt. Atwariya Devi filed suit No.52 of 1984 against her husband Jeeut for maintenance including the past maintenance. She also made a prayer in the suit for creating a charge for maintenance on plot No.410 owned by her husband.

(2.) Before any order could be passed in the suit, Jeeut transferred plot No. 410 to the present revisionists by a sale deed. Thereafter, the present revisionist were impleaded in the suit as parties on their request. During the pendency of the suit, Jeeut died on 7-1-1987. On his death, the opposite party moved an application 25-A for substitution of name of Lakhia, the only daughter of Jeeut as his legal heir. The application was opposed on the ground that cause of action for maintenance did not survive and, therefore, the suit has abated; that the application for substitution is, therefore, liable to be rejected. The matter was considered by Sri S.K. Srivastava, District Judge, Ghazipur and by order dated 11-3-1987 he rejected the application for substitution of name of Smt. Lakhia as heir of Jeeut. However, he held that the suit has not abated due to the death of Jeeut and it will proceed against the present revisionists as they have purchased plot No. 410. Aggrieved by this order, the present revision has been preferred.

(3.) I have heard Sri S.K. Verma , learned counsel for the revisionists and Sri A.N. Bhargava, learned counsel for the opposite party.