- (1.) Heard Sri Ravi Kant, learned Senior Advocate assisted by Sri Vishal Agarwal.
(2.) This petition under Article 226 of the Constitution of India has been moved challenging the order dated 26-11-2005 passed by the District Judge in Civil Revision No. 674 of 2005 rejecting the revision of the petitioner.
(3.) In a suit for permanent injunction the plaintiff had died. When a matter in revision arising out of the same suit was pending before the District Judge, the substitution application of the deceased plaintiff was moved before the revisional court, which was allowed and subsequent amendments were incorporated in the memo of revision. Thereafter, the revision was decided and the record was sent to the trial court where the petitioner-defendant moved application (79-C) for abating the suit for not recording substitution in the plaint. The trial court rejected this application on the ground that substitution had already been recorded in the proceedings of revision before the District Judge. It is against that order that the petitioner preferred the aforesaid civil revision in which the impugned order has been passed;