Hemsagar S/o Late Shri Kunjbihari Pradhan vs Suruchi (Now Died) D/o Late Shri Kaiwal Pradhan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Chh) 112

HIGH COURT OF CHHATTISGARH
Deepak Kumar Tiwari
Hemsagar S/o Late Shri Kunjbihari Pradhan – Appellant
Versus
Suruchi (Now Died) D/o Late Shri Kaiwal Pradhan – Respondent

Advocates:
Advocate Appeared:
For the Applicants :Mr. Raghvendra Pradhan, Advocate
For the State : Mr. Dilman Rati Minj, GA

Order :

(Deepak Kumar Tiwari, J.)

1. This Revision Petition has been filed against the order dated 10.09.2024 passed by the Civil Judge, Senior Division, Saraipali, District Mahasamund (C.G.), whereby the application preferred under Order 22 rule 3 read with Section 151 of the CPC along with Section 5 of the Limitation Act has been allowed, though no application has been preferred in terms of Order 22 Rule 9 of the CPC for setting aside the abatement.

2. Learned counsel for the applicants submits that original plaintiff-Suruchi has filed the Civil Suit for partition and separate possession. During the pendency of the said Civil Suit, on 02.05.2022, the sole plaintiff died and therefore, the legal representatives of the sole plaintiff have preferred an application under Order 22 Rule 3 read with Section 151 of the CPC along with Section 5 of the Limitation Act, as the application has not been preferred within a period of 90 days after death of the sole plaintiff, so the Suit is abated but no application has been filed in terms of Order 22 Rule 9 of the CPC for setting aside the abatement and without any such application, the trial Court has allowed the aforesaid application and set asi