BASANTI DEVI Vs. LRS OF NANA LAL

JUDGEMENT

(1.) This revision petition has been filed against the order dared 1.2.2002 by which the learned trial court has allowed the application of the non-petitioners under Order 22 Rule 3 Code of Civil Procedure and substituted the plaintiff by his legal representatives.

(2.) The facts and circumstances giving rise to this case are that suit had been filed by the predecessor in interest of the non-petitioners Nana Lal for redemption of mortgage and possession of the suit property on 25.10.1996. The suit is being contested by the defendant- petitioner and filed written statement denying all the averments made in the plaint. However, during the pendency of the suit, the plaintiff Nana Lal died and his legal representatives had been brought on record while allowing the application under Order 22 Rule 3 CPC.

(3.) This revision petition has been preferred on the ground that the suit property belongs to the temple and, therefore, the suit itself is not maintainable in the name of Nana Lal. Therefore, the issue of substitution could not arise without deciding the issue under Order 22 Rule 5 Code of Civil Procedure for the reason that in the revenue record and jamabandi, the suit property belongs to Shri Rudreshwar Mahadeo Temple and Nana Lal, at the most, could have the next friend of the deity.