DURGA CHARAN PARIDA Vs. BASANT KUMAR PARIDA AND ORS.

JUDGEMENT

(1.) THIS revision filed at the instance of Defendant No. 1 in T.S. No. 5 of 1966 of the Court of the Subordinate Judge, Cuttack arises in the following circumstances:

(2.) MR . B. Harichandan, learned Counsel for Petitioner contends that once an application for substitution has been dismissed on contest, it is no longer open to the Court, below to by -pass the order of dismissal of the petition for substitution by exercising jurisdiction under Order 1 Rule 10, Code of Civil Procedure. There is sufficient force in this contention of Mr. Harichandan. Order 22, Code of Civil Procedure makes provision for substitution of the legal representatives of a party to the suit who dies during the pendency of the suit. It also provides that in the event of non -substitution of the legal representative of a deceased party, the suit abates as against the deceased party.