SHANTABAI DUBE Vs. KANHAIYALAL

JUDGEMENT

(1.) THE revision is directed against the judgment and order dated 25.8.1993 of the VIIth Addl. District Judge, Indore, passed in C.S. No. 2 -B of 1989, whereby the applicants' application under Order 22, Rule 1 read with rule 3, Civil Procedure Code, has been rejected on the principle of actio personalis moritur cum persona.

(2.) THE brief history of the case is that the original plaintiff, Mohanlal, filed a suit with the assertion that the defendant (non -applicant there) caused injuries to him on 29.4.1981. He, therefore, sustained fracture in his hand. He had to undergo the treatment and suffered pain and agony and was under plaster for a few months. He, therefore, claimed Rs. 99,000/ - as the damages.

(3.) DURING the pendency of the case Mohanlal died and, thereafter, the present applicant, i.e., Shantabai w/o Mohanlal and Kamalkumar s/o Mohanlal filed an application for substitution under Order 22, Rules 1 and 3 of Code of Civil Procedure.