- (1.)THIS revision under Section 115 of CPC is directed against the order dated 30-7-2003 passed by 3rd Civil Judge Class II, Satna, in MJC No. 15 of 2000.
(2.)C. S. No. 22-A/91 filed by petitioners was dismissed on 13-10-2000 for non-appearance. Therefore, they filed application for its restoration. During the pendency of aforesaid application in MJC No. 15/2000, petitioners on 2042-2002 filed an application under Order XXII Rule 4, CPC for substitution of L. Rs. of defendant late Ramkumar Agrawal stating inter alia that they, for the first time learnt about the death on 28-10-2002 during revenue proceedings before the Commissioner. Thereafter the petitioners also filed application under Order XXII Rule 9, CPC and application under Section 5 of Limitation Act alongwith affidavit. The applications aforesaid were resisted by the respondents stating inter alia that late Ram Kumar Agrawal died on 22-1-2001 and the fact of his death was very much known to the petitioner Asha Choudhary.
(3.)THE Civil Judge vide impugned order dated 30-7-2003 held that the statement of petitioners that for the first time they learnt about the death of Ram Kumar Agrawal on 28-10-2002 is incorrect. Consequently, applications aforesaid were dismissed.