( 1 ) HEARD learned counsel appearing for the parties. The present Revision Application is filed against the order dated 15th April, 1999, passed below application Exh. 85 by the ld. Joint Civil Judge (S. D.), Kutch at Bhuj, in Regular Civil Suit No. 373 of 1989, whereby the learned Judge has rejected the request of the orig. plaintiff to join heirs and legal representatives of the deceased defendant no. 2. The ld. Presiding Judge dismissed the application accepting the submissions made by the contesting defendants mainly based on the decision of the Apex Court reported in AIR 1982 SC 676. The learned Judge has quoted the relevant part of the cited decision and held that the abatement takes place automatically on the death of a party and unless a specific order to set aside the order of abatement is passed and that too, on the written request, the heirs and legal representatives cannot be brought on record and, therefore, the application deserves to be rejected. Of course, the ld. Presiding Judge has accepted that even on the death of the defendant, the cause of the suit survives and the pliantiff was otherwise entitled to continue with the suit. The thrust of the order is that the

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