BUDHU CHOUDHARY @ BUDHU YADAV Vs. SURESH BAITHA

JUDGEMENT

(1.) HEARD Mr. Sanjay Kumar Pandey No. 5, learned counsel for the petitioners.

(2.) THE defendants -respondents -petitioners are aggrieved by the order dated 21.1.2009 passed by the Addl. District Judge -I, Gopalganj in Title Appeal No. 118 of 2006, whereby the petition dated 4.12.2008 filed for expunging the name of deceased respondent no. 15, namely, Gyanti Devi @ Shanti Devi and for substituting her heirs and legal representatives has been allowed by the appellate court. Learned counsel for the petitioners submits that said Gyanti Devi @ Shanti Devi died on 20.10.2006 itself and since her legal representatives were not brought on record by the appellant within the time prescribed under law of limitation, the aforesaid appeal has already abated. Subsequently, a substitution petition was filed alongwith limitation petition for condoning the delay in filing of the same. However, submission is that neither any prayer for setting aside the abatement was made by the appellant nor any order setting aside abatement has been passed by the court below rather the aforesaid petition has simply been allowed. Thus, submission is that the impugned order is fit to be set aside.

(3.) I do not find any force in the submissions of the learned counsel for the petitioner inasmuch as such a hyper -technical objection cannot be allowed to come in the way of doing full and complete justice.