SIDDHARTHA CHATTOPADHYAY, J. - (1.) Challenge in the present revisional application is to the Order dated 07.03.2015 passed in T.S. No. 50 of 1985 by the learned Civil Judge (Junior Division), 3rd Court at Paschim Medinipur rejecting the application dated 06.02.2013 filed by the defendants praying for abatement of the suit on the death of the plaintiff/opposite party Nos. 2, 3, 12, 24, 25, and 29 and the defendant/petitioner No. 2.
(2.) According to the petitioner, learned Court below failed to appreciate that the plaint was filed in the capacity of an individual and not in the capacity of sebait. The petitioner further contended that it is not a suit filed in the capacity of a legal representative of the deity rather in the personal capacity of the so called sebaits. It is further their contention that this Court has directed the Court below, after being prima facie satisfied, to decide if the suit has been abated either wholly or partly.
(3.) At the time of hearing learned Counsel appearing on behalf of the opposite party submits that the suit has been filed not in individual capacity rather it was a suit under the style of representative capacity. Learned Counsel appearing on behalf of the opposite party further contended that when a suit has been filed under a representative capacity the suit would not abate due to death of some of the plaintiffs or defendants. He also contended that the impugned order does not warrant any interference.;