JUDGMENT :

Heard Mr. N. Dhar, learned counsel for the petitioner and Mr. M.H. Rajbarbhuiya, learned counsel for the respondent.

2. The review petitioner herein was the respondent in CRP 147/2017, and the respondent herein was the petitioner in the said revision petition.

3. The short fact which led to filing of CRP 147/2017 is that the sole respondent therein was the plaintiff No.1 in Title Suit No.33/2010. The plaintiff no.2 in the said suit was Merabjan Bibi. The revision petitioner was the sole defendant in the said suit. By judgment and decree dated 05.02.2013, the suit was dismissed by the learned Court of Munsiff No.1, Hailakandi. The aggrieved plaintiffs had jointly preferred an appeal, which was registered as Title Appeal No. 16/2014 before the Court of Civil Judge, Hailakandi. The revision petitioner was the sole respondent in the said appeal. The revision petitioner by filing petition no. 8358/43 under Order XXII Rule 3(2) CPC, had brought to the notice of the learned lower appellate Court that though the appellant no. 2 had died, as her legal representatives were not substituted, the appeal had abated as the rights of both the appellants including that of the legal represen