RAISH LAL PRASAD Vs. BIBI JUBAIDA KHATOON

JUDGEMENT

(1.) Plaintiff Raish Lal Prasad and others filed a suit for permanent injunction to restrain the sole defendant Md. Satar from interferring with his peaceful possession over the suit land described in Schedule 1 to the plaint. Md. Sattar died during the pendency of the suit on 9/06/1997. The three steps which ought to have been taken were not taken by the plaintiff. These were; (a) an application for setting aside the abatement of the suit was not filed; (b) a prayer for substitution had not been made and (c) as there had been delayed in seeking the above reliefs an application under Section 5 of the Limitation Act, 1963 had not been filed either. The suit, thus, stood dismissed.

(2.) The plaintiff filed an appeal. The lower appellate Court was of the view that the appeal had been filed against a dead person without having taken adequate steps provided under the law during the pendency of the suit. The lower appellate Court was not inclined to permit the steps to be taken at the appellate stage.

(3.) The plain question is as to whether the lower appellate Court had committed an error or an illegality so as to permit a revision to set aside the order of the lower appellate Court.