JUDGMENT :

1. The suit for declaration and permanent injunction was filed by the petitioner against the defendants-respondents before the Court of Assistant Collector, Jaipur (hereinafter referred to as “the Trial Court”) but during the pendency of the said suit, one of the defendants i.e. defendant No. 12 Mst. Soni has expired in the year 1981. Hence under these circumstances, the petitioner submitted an application on 25.06.1983 before the Trial Court indicating there that after service of notice, neither the defendant No. 12 appeared nor any written statement was filed. It was also stated in the application that she was not having any legal representatives, hence under these circumstances, a request was made for deleting the name of the defendant No. 12-Mst. Soni from the array of cause title of the suit. The aforesaid application filed by the petitioner was decided by the Trial Court on 23.12.1983 and the fact was recorded that Mst. Soni expired and this fact came to the knowledge of the petitioner on 21.8.1982 while the application was submitted by him on 25.06.1983 and the learned trial Court was of the view that the application was submitted after a lapse of time, hence the s