( 1 ) THIS revision application has been preferred by the plaintiff against the order passed by the District Judge Gwalior, in Civil Misc. Appeal No. 3 of 1961, arising out of Civil Original Suit No. 295 of 1954 which was held by the Civil Judge First class Gwalior to have abated.

( 2 ) THE facts material for the disposal of this petition are that the suit in the present case was filed against one Kishanchand for recovery of the price of certain goods supplied by the plaintiff to him. Kishanchand admittedly died on 10-6-1959. No application was made for bringing the legal representatives of Kishanchand on record within 90 days of the date of his death. The suit, therefore, abated on the 9th of September, 1959. The plaintiff submitted an application on 18-9-1959 in which he stated that he had on 10-9-1959 been apprised for the first time of the fact that Kishanchand had died about two months ago. He, therefore, prayed that his two sons Jawalaprasad and Meghraj be brought on record. It was also stated in the application that kishanchard had left him behind two more sons and a widow whose names were not known to the plaintiff jwalaprasad stated on an affidavit that his father died on

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