The judgment of the Court was as follows :

This is an application for addition of a party in the category of opposite parties in a revision case. The petitioner is Md. Israil who is the petitioner in the revisional application.

2. Originally both the plaintiffs, who are the joint Mutwalis as alleged, were made parties, but when the petitioner has come to know that one of the opposite parties, namely, S. M. Amirul had already died during the pendency of the suit and in fact in his place was substituted his son Waliul Islam. alleged to be a joint Mutwalli, he filed the present application for addition of the said Woliul Islam. The case of the petitioner is that inadvertently the name of Amirul Islam was stated to be opposite party no.1 although, in fact he had died already. By the present application the petitioner Md. Israil wants to add Waliul Islam as one of the opposite parties.

3. I have heard Mr. behalf of the petitioner and of the opposite parties.

4. Mr. Bhattacharjee's opposition is that when Waliul had already been substituted in place of Amirul Islam, it must be due to the negligence on the part of the petitioner that he was not mentioned as one of the opposite partie