ANCHAL KANTI SAHOO Vs. PARIMAL GURIA

JUDGEMENT

(1.) These two applications are disposed of by this common judgment as they arose out of the same matter. By a composite order dated 05.03.2008, the learned Civil Judge disposed of both the two J. Misc Cases No. 35 of 2004 and 36 of 2004. The defendants/petitioners challenged the said composite order dated 05.03.2008.

(2.) The J. Misc. Case No. 35 of 2004 was over an application under Order 22 Rule 9 of the Code of Civil Procedure and the other J. Misc. Case No. 36 of 2004 arose out of an application under Order 47 Rule 1 of the C.P.C. In J. Misc. Case No. 35 of 2004, the petitioners of that Misc. Case contended that the opposite party no.3 of the misc. case died on 07.08.2003 and a petition for substitution dated 06.11.2003 was filed which was rejected by that Court in J. Misc. Case No. 32 of 2002 on the ground that the said J. Misc. Case No. 32 of 2002 abated as a whole. So the prayer for substitution of legal heirs of the deceased opposite party no.3 along with an application under Section 5 of the Limitation Act was also filed which was rejected by the order impugned.

(3.) The other J. Misc. Case No. 36 of 2004 was filed contending that the petition dated 06.01.2003 was rejected by that Court holding that the J. Misc. Case abated as a whole which could not be. So the prayer for review was filed by the said Misc. Case.