Vineet Kothari, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS revision petition is filed against the order dated 16.04.2010 passed by the learned trial court whereby the application filed by the Defendant - Asha Ram and Smt. Rameshwari Devi in a suit for partition filed by the Plaintiff - Inderlal S/o Mohanlal was rejected and trial court refused to dismiss the suit as having abated since the Plaintiff -Inderlal failed to bring on record the legal representatives of Respondent No. 2 Umanmal S/o Mohanlal, another brother, whose death was required to be presumed since he was not traceable for last seven years since 1995. This was so stated in the application filed by the present Petitioners that since Umanmal was not traceable since 1995, last 7 years, therefore, he should be presumed to be dead and his legal heirs having not been brought on record, the suit filed for partition had abated. This application has been rejected by the learned trial court by the impugned order.
(3.) DURING the course of arguments, learned Counsel, Mr. Suresh Shrimali, appearing on behalf of respondents submitted that though the suit would not abate in these circumstances, he has no objection if the daughters of Umanmal, namely, Sharda and Yashoda are taken on record for contesting the said suit for partition.;