S.B. CIVIL REVISION PETITION NO.57/2005 Shri Lal & Ors. Vs. All Mewara Kumar Nyati & Ors. Date of order : 17th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. K.R. Saran for Mr. Sajjan Singh for the petitioner. Mr. Moti Singh for Mr. Swanand Jasmatiya for the respondents. --------- 1. Heard learned counsels. 2. This revision petition is directed against the order dated 15.12.2004 whereby the learned trial court allowed the application of plaintiff under Order 22 Rule 4 C.P.C. taking LRs of deceased Sita Ram on record. 3. The suit was filed by the plaintiff-respondent for permanent injunction against the petitioner-defendant and alleged therein that the disputed Mewara Kumar Nyati is vested in the plaintiff, therefore, the plaintiff Nyati (particular community) presented the suit through its representatives. Defendant No.2 – Smt. Sita Devi expired on 22.9.2002. The present defendant-petitioners have challenged the impugned order of the trial court on the ground that the plaintiffs reside in the same colony where the deceased Smt. Sita Devi resided and, therefore, there was no ground to file the application belatedly under Order 22 Rule 4 C.P.C. and the suit has abated. 4. Having perused the record and heard learned counsel, this Court finds no good ground to interfere with the impugned order. The learned trial court has allowed the application under Order 22 Rule 4 C.P.C., therefore, it will be deemed that the delay in filing the said application was condoned by the learned trial court. 5. The revision petition is found to devoid of merit, the same is dismissed. [ DR. VINEET KOTHARI ], J. item No.57 babulal/-