ORDER

This petition under Article 227 of the Constitution of India has been filed against the order dated 26/10/2004 passed by Third Additional District Judge, Gwalior and order dated 10/01/2001 passed by Fifth Civil Judge, Class-I, Gwalior was affirmed in Civil Suit No.29-B/2000 filed by the petitioner was dismissed as abated.

The necessary facts for disposal of the present petition in short are that, the petitioner filed a civil suit on 10/12/1994 against Smt. Leela Bai for recovery of loan amount. It appears that on 13/01/1995, Smt. Leela Bai sole defendant expired, but no application under Order 22 Rule 4 C.P.C. was filed within a period of 90 days. Thereafter, it appears that on 31/07/1995, the petitioner filed an application under Order 22 Rule 4 C.P.C. thereby disclosing the names of the legal representatives of deceased Leela Bai. However, in this application the date of death of Leela Bai was not mentioned. It appears that in compliance of order dated 13/03/1996, the petitioner filed an application on 26/06/1996 mentioning that the date of death of the sole defendant as 25/04/1995.

The respondents filed their response to the application filed under Order 22 Rule 4 C.P.C a