SHARDA PRASAD SONI Vs. ANIL KUMAR DUBEY

JUDGEMENT

(1.) THIS revision application has been filed against the order dated 4.3.2004 passed by learned 15th Additional District Judge (Fast Track), Jabalpur in Misc. Appeal No.210-A/2003.

(2.) A civil suit was filed in the Trial Court by the present plaintiff-applicant in which the present respondent No.5 Smt. Reeta Bai was also arrayed as one of the plaintiff. In that suit one of the defendant died and the application to bring his L.Rs was not filed in time and eventually the suit was dismissed as abated on 14.12.1999. Thereafter, an application to set aside the abatement under Order XXII Rule 9 CPC, application under Order XXII Rule 4 CPC and also under Section 5 of the Limitation Act was filed by the present applicant. The bunch of applications was registered as MCC No.80/2001, but, the same was dismissed by learned Third Civil Judge, Class-I, Jabalpur on 2.8.2001. An appeal was preferred by the applicant under Order XLIII Order 1 CPC before the Appellate Court, which did not decide the appeal on merits but dismissed the appeal on the ground that against the order abating the suit an appeal ought to have been filed.

(3.) DESPITE service, no one has put appearance on behalf of the respondents. Having heard learned counsel for the applicant and after perusing the record, I am of the view that this revision application deserves to be allowed.