IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Revision Petition No.77/2007 {Smt. Shahajan Begum @ Bagum Versus Shamsuddin & Others} Date of Order :: 11th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. A.N. Khan for the petitioner Dr. Swati Bhati for the respondents BY THE COURT: Admit. 2. Heard learned counsel for the parties. 3. The plaintiff – respondent no.1 filed a suit for partition wherein the applicant – defendant Shahajan Begum @ Bagum filed an application on 6th March, 2003 that defendant Majeedan had expired on 5th November, 2002 but no steps have been taken for substitution of her legal representatives, therefore, the proceedings of the case have been abated and suit be dismissed accordingly. Thereafter the plaintiff filed an application 16th August, 2003 alongwith the amended cause title of the case. The learned trial court allowed the application of plaintiff and took on record the amended cause title and rejected the application of applicant–defendant for quashing the proceedings as having become abated, -2- vide order dated 19th January, 2007 which is under challenge in this revision petition. 4. I have heard the learned counsel for the parties and examined the impugned order passed by the court below and after considering the same, I find that the trial court was fully justified in rejecting the application of applicant – defendant for quashing the proceedings of the trial court as having been abated. The amended cause title has rightly been taken on record. The Hon'ble Supreme Court in number of cases held, while interpreting Order 22 Rule 4 CPC, that when a justice has to be done in between the parties, then the technicalities relating to substitution of legal representatives should not come in the way. I do not find any illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same. There is no merit in this revision petition and the same is, accordingly, dismissed. 5. There will be no order as to costs. (NARENDRA KUMAR JAIN),J. DK