KANIS-FATMS Vs. MOHD HABIB

JUDGEMENT

(1.) This is a revision against the judgment and decree made by the Judge, Small Causes, Nagpur in Civil Suit No. 1638 of 1969.

(2.) The original suit was filed against Smt. Qureshakhatun and one another. She died during the pendency of the suit. As per Exh. 34, plaintiff filed an application to set aside abatement, for, the Court had recorded on 20-09-1971 that the suit has already abated against defendant No.1 i.e. Quresha-Khatun. Without issuing notice to the proposed legal representatives on Exh. 34, the court proceeded to set aside that order and further impleading them as party defendants to the suit. After the notice was received of the suit, objection was raised on behalf of these defendants and while delivering the judgment, the learned Judge overruled the objection observing that no such notice was necessary and further that the question whether these defendants are possessed of any property can be decided in execution.

(3.) This aspect of the judgment is under challenge.