SATISH PRASAD MISHRA Vs. SUKHDEO PRASAD NIGAM

JUDGEMENT

(1.) This revision application has been filed against the order dated 6.8.2003 passed by learned Fourth Civil Judge, Class-II, Ladhiya Rewa (M.P.) in Civil Suit No.166-A/2001 dismissing the review application of the applicants.

(2.) The contention of learned counsel for the applicants is that plaintiff No.2 Brijwasi Lal Mishra died on 22.7.2002 and the application to substitute the L.Rs was also submitted which was allowed by learned Trial Court on 14.9.2002 and further it was directed to the plaintiffs to bring the L.Rs on record. However, despite 11 months passed away the order was not complied with by mentioning the names of the L.Rs of plaintiff No.2 in the plaint. Eventually, on 6.8.2003 the suit was dismissed on account of non-compliance of the order passed by learned Trial Court. Learned counsel for the applicants submits that it was only a ministerial job to bring the L.Rs on record because the substitution application was already allowed.

(3.) On the other hand, learned counsel for the respondents 1 and 2 argued in support of the impugned order and submit that since for 11 months the names of the L.Rs were not stated in the plaint, therefore, rightly the suit has been dismissed for non-compliance of the order.