1. This revision application is filed against order dated 27-3-2004. by which trial Court rejected the application of the petitioner dated 14-12-2001 in which petitioner prayed that after the death of sole defendant the suit abates.

2. The facts of the case is like this, the respondent No.1 plaintiff filed a suit for declaration and permanent injunction against the defendant Gajendra Nath in the year 1998 i.e. on 5-10-1998. The sole defendant Gajendra Nath died on 25-8-1971 i.e. much prior to the filing of the civil suit. During the pendency of the civil suit respondent No.1 plaintiff filed an application for amendment under Order 6 of Rule 17 of Code of Civil Procedure and prayed that names of the legal representatives of Gajendra Nath be imp-leaded. The respondent No.1 came to know about death of Gajendranath on 20-1-2000. The said application was allowed by the trial Court on 7-2-2000. The petitioner filed an application on 14-12-2001 and raised an objection that the sole defendant died much prior to the filing of the suit and as such suit abates. The trial Court rejected the application only on the ground that by order dated 7-2-2000. the legal representative of the so