- (1.) Office had raised the question of maintainability. On 23.11.2006, notices were issued to the respondents in admission matter.
(2.) WITH consent of the parties, this appeal was heard finally and is being disposed of by this order. This appeal is directed against the order dated 15.4.2006, passed in Partition Suit No. 4/1990 by learned Sub Judge -1, Bermo at Tenughat rejecting the petition dated 7.3.2006 filed on behalf of the plaintiff/decree holder under Order 22, Rule -3 of the Code of Civil Procedure.
(3.) MR . Atanu Banerjee, learned counsel appearing for the plaintiff -appellant, relying on ( 1995) 1 SCC 407 -Ratna @ Ratnavati ( Smt) Vs. Syndicate Bank, submitted that the sole defendant -Bhagtu Hazam died during pendency of preparation of final decree and therefore in view of the said judgment, the learned court below should not have rejected the prayer for substitution and should not have dismissed the proceeding as abated.;