KASTURABAI Vs. PANDIT SONUSINGH PATIL

JUDGEMENT

(1.) Heard applicants and respondent No. 2 finally on admission stage. The present Civil Revision Application arises out of order passed by the learned Civil Judge, Junior Division, Chalisgaon, District Jalgaon in Regular Darkhast No. 59/1986.

(2.) The Trial Court heard the parties and the application under Order XXII, Rule 1 and 2 of C.P.C. has been rejected by the Trial Court. Thus, this Civil Revision Application raises point for consideration whether the impugned order suffers from material irregularity or exercise of jurisdiction illegally.

(3.) The learned counsel for the petitioners referred Order XXII, Rule 1, 2 and 3 of C.P.C. to submit that there will be abatement. The learned counsel accepts that on death of decree holder No. 1 - Sonusing Patil, his legal heirs were brought on record and they are on record. According to him, when Bhimkuwarbai w/o. Sonusing Patil (Original plaintiff No.1) expired, it was necessary to bring on record that legal heirs on record in the capacity of legal heirs of decree holder 1 - Sonusingh will be legal heirs also of Bhimkuwarbai w/o. Sonusing Patil in addition to their capacity of legal heirs of her husband Sonusing Patil.