MANOHER Vs. DATTAJI

JUDGEMENT

(1.) THIS is a revision petition directed against the order of the Munsiff at Omerga, dated 26 -7 -1950, by which he has declined to entertain the petition filed by the legal representatives of the deceased Plaintiff.

(2.) THE facts of the case briefly are that Vaijnath the Plaintiff died during the pendency of the suit, and on 28th Shehrewar 1356 Fasli, the Court dismissed the suit on the ground that the Plaintiff is dead. The present Petitioners who are the sons and heirs of the deceased Vaijnath submitted a petition for their being brought on record as the legal representatives of the deceased Plaintiff on 30th Shehrewar 1356F, stating that the deceased died on 18th Amarded 1356F. The Defendants contested this petition stating that the petition was time -barred and that no such petition could lie in view of the nature of the suit. The lower Court after recording the evidence of the parties came to the conclusion that the allegations of the Petitioners with regard to the date of death of the deceased were proved and that the petition was within time, but dismissed the petition on the ground that in view of the nature of the suit, the provisions of Mohammedan Law will apply and as such the petition cannot be entertained.