I.A. Ansari, J.

1. Is there any difference in the law governing substitution of a deceased plaintiff/defendant in a civil suit and/or appellant/respondent in a civil appeal, on the one hand, and an applicant/opposite party or petitioner/opposite party, on the other hand, in a Civil Miscellaneous Proceeding ? This is the core question, this revision which has been filed against the order, dated 16.08.2002, passed by the learned Civil Judge, (Senior Division) No. 1, Kamrup, Guwahati, in Misc. (J) (Arb) No. 199/2002, arising out of T.S. (Arb.) No. 51/1994, has raised.

2. Let me, first, put, in brief, hereinbelow the facts giving rise to this revision :

The Award arising out of a contract agreement, entered into between the parties, was filed by the Arbitrator in the Court of Civil Judge (Senior Division) No. 1, Kamrup, Guwahati, in Title Suit (Arb) No. 51/1994, Sri K.L. Gupta (since deceased) who was one of the parties affected by the Award, filed an application in the Court below for setting aside the said Award. This application was registered as Misc. (J) Case No. 199/2002. While this misc. application was pending for disposal, the applicant died on 02.04.2002. The present rev