IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

ON THE 15 OF JANUARY, 2026 CIVIL REVISION No. 104 of 2025

RAMNIHOR AND OTHERS

Versus

RAMLAL MISHR AND OTHERS

Appearance:

Shri Sanjeev Kumar Tiwari - Advocate for the Petitioner.

Shri D.P. Sharma, Panel Lawyer for the Respondent No.38/State.

ORDER defendants had intimated the fact of death of these three defendants for the first time on 10.11.2018 then in terms of Order 22 Rule 10 A of the CPC, the limitation would start to run from 10.11.2018 and therefore, the Trial Court not have dismissed the suit as abated on 20.11.2018 within 10 days of other defendants giving information of death of these three defendants for the first time before the Trial Court. The Appellate Court has further held that even if the suit had to be abated, it could be only against these three defendants No.12, 13 and 14, and not in its entirety.

The present Revision has been filed challenging the Order of the

Appellate Court dated 09.01.2025 whereby the Appellate Court has set aside the Order dated 20.11.2018 of the Trial Court whereby the Trial Court had rejected the suit as abated in terms of Order 22 Rule 4 (3) of the CPC not

only a