JUDGMENT :

1. The appellant/plaintiff has challenged the order passed by the learned Additional District Judge, Link Court Kurud, District Dhamtari in Civil Appeal No. 89A of 2016 dated 13.11.2018 whereby the application moved by the plaintiff under Order 22 Rule 9 (2) of CPC along with an application under Section 5 of the Limitation Act was rejected and the suit stood abated for defendant No.3 namely Rajbantin Bai.

2. The facts of the present case are that a civil suit was filed by the plaintiff for declaration of title and permanent injunction with regard to suit property mentioned in Schedule-A and Schedule-B, which was dismissed by the learned trial Court vide judgment dated 18.09.2015. During the pendency of the suit, defendant No.3 namely Rajbantin expired on 13.09.2015 when the matter was closed for judgment by the learned trial Court however the judgment was not passed. A regular civil appeal was preferred by the plaintiff before the learned Additional District Judge, Kurud and the summons was issued to the defendants/respondents. After going through the service report, the plaintiff came to know that defendant No.3 Rajbantin Bai had expired prior to judgment on 13.09.2015 t