THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.5400 of 2008 ORDER: The petitioner Corporation, who is the decree holder, filed this revision under Section 115 C.P.C, inter alia seeking to assail the order of dismissal, dated 02.09.2008, passed in E.A.No.7 of 2008 in E.A.No.179 of 2007 in E.P.No.105 of 2002, filed under Section 151 CPC seeking to recall the order of abatement passed in E.P.No.105 of 2002, dated 27.12.2007. Apparently, the claimant filed E.A.No.82 of 2003 in E.P.No.105 of 2002 seeking to pass an order releasing the schedule property from attachment made on 24.04.2003 in the said E.P., and the same was dismissed for default. Seeking to set aside the said order, he filed E.A.No.17 of 2008 and the same was also dismissed on 02.09.2008. Thereafter, E.P.No.105 of 2002 was dismissed on 01.11.2007 on the ground that the petitioner-decree holder called absent and no representation. The petitioner filed E.A.No.179 of 2007 seeking to set aside the said order of dismissal. The Court below observing that the relief is sought against a dead person abated the same on 27.12.2007. Thereafter, it filed E.A.Nos.7 and 8 of 2008 seeking to recall the said order of abatement and to bring the legal representatives of J.Dr., in E.P.No.105 of 2002. The petitioner states that while dismissing E.A.No.7 of 2008, the Court below has not taken up E.A.No.8 of 2008 but dismissed both the E.As. Hence, this revision. From a perusal of the material on record, it is seen that though the Court below observed in the impugned order while dismissing E.A.No.7 of 2008 about continuation of proceedings by bringing the legal representatives of the deceased on record, dismissed E.A.No.8 of 2008 filed for bringing on record the legal representatives of the deceased judgment debtor. In view of the same, this Court is of the opinion that prima facie, the order impugned is not correct. Accordingly, the Civil Revision Petition is allowed and the order, dated 02.09.2008, passed in E.A.No.7 of 2008 is set aside and the matter is remitted to the Court below for fresh disposal, on merits, in accordance with law. No costs. __________________ B.PRAKASH RAO, J Date:24.12.2010. sj