PULAKESH DUTTA Vs. RASARAJ DEY

JUDGEMENT

(1.) This Civil Revision preferred under Section 115, Civil Procedure Code arising out of the Court's order dated 3-3-1998 passed by the District Judge, North Tripura, Kailashahar in case No. TA 2 of 1997 Shri Pulakesh Datta v. Smt. Baranga Bala Datta, rejecting the appellant's application filed under Order 22, Rule 11 read with Rule 4-A, C.P.C. and read with Section 151, C.P.C.

(2.) Heard Mr. D. K. Biswas, learned counsel for the petitioner and Mr. R. B. Sinha, learned counsel for the respondent.

(3.) The respondent Smt. Baranga Bala Dutta in Civil Appeal before the learned District Judge, died during the pendency of the appeal on 7th April, '97. The appellant Shri Pulakesh Dutta filed petition under Order 22, Rule 11 read with Rule 4A, C.P.C. read with Section 151, C.P.C. for substitution of the heirs of the deceased respondent. The learned District Judge has rejected the application observing that as the substitution application has not been filed within limitation period, the appeal has abated and no application for setting aside the abatement has been filed by the appellant.