BADRI NARAIN PRASAD SAH Vs. BANSIDHAR PRASAD

JUDGEMENT

(1.) This Civil Revision has been filed by the defendants against an order dated 6-12-1974.

(2.) This matter arises out of an abatement matter. Defendant No. 3 Kedar prasad Sah died on 9-2-1970 and his three sons, defendants 10 to 12 were already on the record of the suit. It is stated that his widow and daughters were not brought on the record within the period of limitation. In this connection the Supreme Court held in Mahabir Prasad v Jage Ram (AIR 1971 SC 742) that the question of abatement does not arise in a case where some of the heirs of the de-i ceased are already on the record. It is necessary to quote paragraph 6 of the judgment of the Supreme Court which runs as follows:

(3.) I must say that the learned Subordinate Judge, Janki Prasad Sinha, has written a very good order in a short compass in an intelligent manner.