MUNSHI Vs. RUKMANI DEVI

JUDGEMENT

(1.) Order pronounced in the open Court today.

(2.) The legal representatives of defendant Munshi have filed this revision petition under Section 115, C.P.C. against the order dated 26-11-1997 of the learned Civil Judge (Junior Division). Sujangarh whereby he dismissed the application of the petitioners.

(3.) The non-petitioner plaintiff filed a suit for arrears of rent and ejectment against deceased Mushi. It is an admitted fact that during the pendency of the suit Mushi died on 19-9-1994 but ignorant of this fact the Court passed an order under Section 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act on 1-10-1994 against deceased Munshi. The legal representatives, after being taken on record, filed an application and requested the Court that since the above order was passed after the death of Munshi and without bringing his legal representatives on record was a nullity and, therefore, must be recalled. However, the learned trial Court did not feel pursuaded to disturb the above order dated 1-10-1994 on the ground that it was an appealable order and it could have been set aside by an appropriate remedy. The application of the petitioners was, therefore, dismissed.