URMILA BALA DEY MODAK Vs. BANWARI LALL AGARWALA

JUDGEMENT

(1.) Heard the learned Counsel appearing for the parties.

(2.) A Partition Suit being Title (P) Suit No. 4 of 2003 was filed by the plaintiff, now deceased, for partition of joint family property. During pendency of the suit, the said plaintiff died leaving behind his widow and a son. The son of .the deceased - plaintiff alone filed an application for substitution without joining his widowed mother. The said application for substitution was allowed and the son was substituted in place of the deceased -plaintiff. After about seven months from the date of death, the present petitioner, who is the widow, filed application for substitution. The said application for substitution has been rejected by the Court below by passing the impugned order on the ground that the substitution petition was filed after the suit stood abated. - -

(3.) THIS writ application is, therefore, allowed and the impugned order is set aside.