Bhaskar Bhattacharya, J. - (1.) This revisional application is at the instance of heirs of the deceased plaintiff and is directed against Order No. 54 dated February 20, 1996 passed by the learned Assistant District Judge, 3rd Court, Alipore in Money Suit No. 17 of 1988 thereby recording abatement of the suit on the death of the sole plaintiff.
(2.) One Moni Mohan Marik, since deceased, filed a suit being Money Suit No. 17 of 1988 in the 3rd Court of learned Assistant District Judge, Alipore thereby claiming for a decree for Rs. 1,12,289.86 paise on account of alleged malicious prosecution by the defendant.
(3.) The defendant/opposite party is contesting the aforesaid suit by filing written statement. During the pendency of the suit, the original plaintiff having died, the petitioners, the, heirs and legal representatives of the deceased plaintiff, filed an application under Order 22 Rule 3 of the Civil Procedure Code for being substituted in his place.;