HARIBANSH PRASAD Vs. MURLI PRASAD

JUDGEMENT

(1.) THIS is an application in revision against the order dated 24-1-1986 passed by Sri R. S. Verma, Civil Judge, Deoria, in Misc. Case No. 110 of 1986, Murali and others v. Haribansh and others, in proceedings for preparation of final decree arising out of the decree passed in a partition suit (no. 38 of 1971).

(2.) RESPONDENT nos. 1 and 2 filed partition suit no. 38 of 1971 in the Court of Civil Judge, Deoria. The suit was decreed on 19-5-1980. After the passing of the preliminary decree, proceedings for final decree are going on. During the pendency of the aforesaid proceedings, one of the defendants, namely, Tilak Prasad, died, and an application was moved to bring on record his heirs and legal representatives. Two other applications were also moved by applicant nos. 1 and 2 praying for abatement of the proceedings. The application for substitution as well as the application for abatement were rejected, and that is how the applicants have come up before this Court in revision.