M.R. SHAH, J. - Present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the petitioners herein -original defendants to quash and set aside the impugned order dated 29.8.2011 passed by the learned trial Court passed below Exh.165 in Regular Civil Suit No.78 of 2001 by which the learned trial Court has allowed the said application submitted by the heirs of the original plaintiff permitting them to be brought on record as heirs and legal representatives of original plaintiff Punjaji Dhulaji Makwana.

2. That one Punjaji Dhulaji Makwana instituted Regular Civil Suit No. 78 of 2001 against the petitioners -original defendants in the Court of Principal Senior Civil Judge, Modasa, who died on 14.10.2010 leaving behind him respondents herein as heirs and legal representatives. That no steps were taken by the respondents herein-heirs and legal representatives of original plaintiff permitting them to be brought on record as heirs and legal representatives of plaintiff within stipulated time i.e. within 90 days. However, the respondents herein submitted application at Exh.165 on 30.6.2011 i.e. after a period of 90 days from the death of original plaintiff requesting and/ or permitting them to be brought on record as heirs and legal representatives of the original plaintiff in aforesaid Regular Civil Suit No.78 of 2011. That by impugned order, the learned Additional Civil Judge and JMFC, Modasa has allowed the said application permitting the respondents herein to be brought on record as heirs and legal representatives of the original plaintiff in aforesaid Regular Civil Suit No.78 of 2001 and original plaintiff is directed to carry out the necessary amendment accordingly. Being aggrieved and dissatisfied with the impugned order passed by the learned trial Court passed below Exh.165 in Regular Civil Suit No.78 of 2001 by which the learned trial Court has allowed the said application preferred by the heirs and legal representatives of the plaintiffs permitted them to be brought on record as heirs and legal representatives of the plaintiff in the aforesaid Civil Suit, the petitioners herein -original defendants have preferred the Civil Revision Application under Section 115 of the Code of Civil Procedure.

3. Shri S.K. Patel, learned advocate for the petitioners -original defendants has vehemently submitted that the impugned order passed by the learned trial Court permitting the respondents herein to be brought on record as heirs and legal representatives of the original plaintiffs is absolutely illegal and without jurisdiction which deserves to be quashed and set aside.

3.1. Shri S.K. Patel, learned advocate for the petitioners -original defendants has further submitted that in the present case admittedly the suit has been abated automatically as the heirs and legal representatives of the original plaintiff were not brought on record within a period of 90 days and therefore, the suit has been abated and thereafter application Exh.165 is moved by the heirs and legal representatives of the original plaintiff which in absence of any prayer to set aside the abatement by condoning the delay in preferring the application for bringing the heirs on record was not maintainable. It is further submitted that in the present case there is neither any application for setting aside abatement nor any prayer is made for condonation of delay by showing “sufficient cause” and therefore, the learned trial Court has materially erred in allowing the application Exh.165.

3.2. It is further submitted by Shri S.K. Patel, learned advocate for the petitioners -original defendants that the impugned order passed by the learned trial Court is without jurisdiction as there was no suit, when the impugned order was passed by the learned trial Court as no steps were taken to bring the heirs of original plaintiff on record within 90 days, the suit has been abated automatically. It is submitted that when suit has been a