GENDALAL Vs. MAHARANI MRUNALINI DEVI PANWAR

JUDGEMENT

(1.) THIS is a civil revision filed by the legal representatives of one plaintiff late Gendalal and other surviving plaintiffs under Section 115 of CPC against the appellate order, dated 2-11-2000, passed by learned Ist Additional District Judge, Dhar in Civil Miscellaneous Appeal No. 34 of 1996, which in turn arises out of an order dated 1-7-1996, passed by Additional Civil Judge, Class II, Dhar, in Civil Suit No. 14-A of 1996. Brief facts may be taken note of for the disposal of this revision.

(2.) ONE Gendalal filed a suit out of which this revision arises alongwith petitioner Nos. 2, 4 and 5 against the respondents. It was a suit for declaration of title in relation to suit land, during pendency of this suit Gendalal died on 13-11-1992. As a consequence, petitioner Nos. 1 (a), (b) and (c) claiming to be the legal representatives of late Gendalal filed an application on 26-3-1993 under Order 22 Rule 3 of CPC alongwith an application for setting aside of an abatement as required under Order 22 Rule 9 of CPC and for condonation of delay in filing these applications within 90 days from the date of death. A plea of illiteracy, ignorance of legal provisions applicable to such issues was pressed in service on an affidavit. It is these applications which were rejected by the learned Trial Judge holding that no case for setting aside of an abatement is made out and hence, suit stood abated in its entirety consequent upon the death of Gendalal and not taking steps within 90 days for bringing his legal representatives on record. An appeal filed by the petitioners to the District Judge having railed they have now come up in revision under Section 115 of CPC against these impugned orders.

(3.) HEARD Shri M. L. Agrawal, learned Senior Counsel with Shri G. M. Agrawal, learned Counsel for petitioners and Shri A. S. Kutumble, learned Senior Counsel with Shri S. B. Shrungarpure, learned Counsel for respondents.