R.R.YADAV,J. - (1.) INSTANT revision has been filed against the order dated 16.2.96 passed by learned trial court in original civil suit No. 2/95 refusing to review earlier order dated 5.5.95 by virtue of which the predecessor in office of the learned trial court had allowed the application of heirs and legal representatives of deceased Darjan Singh to be brought on record.
(2.) IN pursuance of the aforesaid order the heirs and legal representatives of deceased Darjan Singh viz. Shambhu Singh, Sajjan Singh, Hari Singh and Rai Singh had filed an amended plaint which too was entertained by the predecessor in office of the learned trial court. On the amended plaint fresh summons were issued to the defendant -revisionists viz. Smt. Dev Kanwar, Smt. Sajjan Kanwar and Smt. Gein Kanwar. After service of summons the defendant revisionist filed an objection on 9.10.95 stating therein that after death of sole plaintiff Darjan Singh no substitution application was moved within limitation, therefore, the suit has abated.
(3.) I have heard the learned counsel for the revisionists Shri Prakash Tatia at length.;