SURENDRA KUMAR SHARMA Vs. BALU

JUDGEMENT

(1.) The learned counsel for the parties have been heard on I.A.No.6715/2018, which is an application for dismissal of revision on the ground of the same not being maintainable.

(2.) This revision under Sec. 115 of the CPC has been preferred by the petitioner/plaintiff No.1 being aggrieved by the order dtd. 12/1/2018 passed by the Trial Court whereby upholding the objection raised by defendants 11 and 12, the suit has been dismissed as abated.

(3.) I.A.No.6715/2018 has been filed by respondents 1, 4, 11 and 12 for dismissal of the revision on the ground of the same not being maintainable submitting that against the impugned order whereby the suit has been dismissed as abated upon recording a finding to the effect that the right to sue upon death of plaintiff No.2 does not survive upon plaintiff No.1, a Civil Revision under Sec. 115 of the CPC is not maintainable.