ALLAHABAD BANK Vs. MRIDULA KULSHRESTHA

JUDGEMENT

(1.) -The present revision has been filed as against an order dated 10th September, 1987, by virtue of which an application for substitution of the heirs of the deceased plaintiff was allowed and it held that the suit does not abate.

(2.) THE main contention raised on behalf of the applicants was that since the plaintiff died the suit for declaration that his services were illegally terminated which is his personal right does not survive and thus the whole suit abates. It was vehemently urged that in a suit for personal right which is main relief that does not survive then ancillary relief also does not survive and the whole suit abates and since in the present case the deceased filed a suit for declaration that his services had been illegally terminated that if could not be granted since he having died the suit cannot proceed and permitting substitution and not abating it, the court's order is illegal and is liable to be set aside. THE argument is untenable.

(3.) THERE is nothing in the impugned order which calls for interference by this Court in its revisional jurisdiction.