MOST. SANGITA DEVI Vs. MOST. MANJULA DEVI

JUDGEMENT

(1.) Instant petition has been filed on behalf of petitioners/ interveners against an order dated 27.03.2012 passed by Sub -Judge -7th, Muzaffarpur in Title Suit No.368 of 2001 whereby and whereunder petition dated 14.10.2011 filed on behalf of petitioners/ interveners under Order -1, Rule -10 has been rejected.

(2.) In order to proper appreciation of the lis surviving, brief facts of the case as is visible from the order impugned is incorporated below. Title Suit No.368 of 2001 was filed by the plaintiff - respondents against the defendants wherein defendants appeared. Defendant No.3, Uday Shankar Yadav died on 08.01.2005 leaving behind his widow, two sons and a daughter for whose substitution, no prayer was made on behalf of plaintiffs whereupon defendant nos.1 and 2 filed petition on 25.11.2005, praying therein that on account of non -substitution of legal heirs of defendant no.3, suit has abated.

(3.) Rejoinder to that petition was filed on behalf of plaintiffs on 09.04.2009 wherein they have asserted that as he had got no knowledge regarding death of defendant no.3 at an earlier occasion, hence at a cost of Rs.100, abatement was recalled. Subsequently, petition dated 27.04.2009 was filed disclosing therein that as defendant no.3 died without filing of written statement, and defendant no.5 died after filing of written statement, but failed to respond subsequently. Hence, in terms of Order -22, Rule -4(4) of the C.P.C., plaintiffs are not under obligation to substitute heirs of defendant nos.3 & 5 and the same was allowed vide order dated 09.07.2010.