NATHI LAL Vs. JAGDISH PRASAD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY this revision petition under Section 115 C.P.C., the defendant-petitioners have challenged the order dated 22nd July, 2011 passed by learned Civil Judge (Sr. Div.) Kumher, District Bharatpur in Civil Suit no.101/1999 (292/2011) whereby the application filed by the Legal Representatives of plaintiff non-petitioner Jagdish Prasad for allowing them to continue with the suit despite death of plaintiff no.2 Shyam Lal and plaintiff no.3 Shiv Dutt has been allowed with the observation that infront of their names 'deceased' word along with a note by red ink be made that the suit on their behalf has been abated and right to sue survives to the legal representatives of plaintiff no.1.

(3.) THE trial court after hearing both the sides and considering the aforesaid arguments of counsel for both the sides came to the conclusion that right to sue survives in the legal representatives of Jagdish Prasad (1/1 to 1/7) who have already been brought on record. THErefore, the entire suit will not abate on account of death of plaintiffs Shyam Lal and Shiv Dutta and word 'deceased' be mentioned in front of their names by red ink and right to sue survives to the legal representatives of Jagdish Prasad who have been made plaintiff nos. 1/1 to 1/7. Thus vide order dated 22nd July, 2011 the trial court allowed the application of the plaintiff-non-petitioners, which has been impugned in the revision petition.