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1998 Supreme(Pat) 15

B.P.SINGH, A.N.TRIVEDI
Harinandan Prasad – Appellant
Versus
Basmati Devi – Respondent


Judgment

1. This Civil Revision petition has been preferred by the defendants-petitioners against the order dated 25.8.1992 passed by the Subordinate Judge III, Muzaffarpur in Title Suit No. 179 of 1991 whereby he rejected the petition filed by the defendants-petitioners to recall the order dated 24.2.1992 passed by his predecessor. The facts to the extent relevant may be briefly noticed.

2. On 9.10.1991 Title Suit No. 179 of 1991 was filed by the plaintiff/opposite party Smt. Basmati Devi against Smt. Kausalya Devi, who was the sole defendant in the suit. On 11.10.1991 the Court admitted the plaint and thereafter issued appropriate directions regarding issuance of notices etc. and also passed an order directing the defendant to maintain status quo. It appears that the sole defendant in the suit namely Kausalya Devi had died earlier on 12.12.1987 and this fact was also known to the plaintiff since in another suit, namely Title Suit No. 191 of 1986, in which the plaintiff was defendant No. 1, legal representative of Kausalya Devi had been substituted after her death on 4.4.1988. Much later on 24.2.1992 an application was filed by the plaintiff/opposite party for bringing oh record th







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