Having heard learned companynsel for the parties, we are inclined to agree with the order of the First Appellate Court that the suit had number abated numbermatter for a reason different from the one that prevailed with that Court.
S. THAKUR, J. Leave granted.
The Court accordingly set aside the judgment and order passed by the trial Court with the observation that the demise of Virendra Kumar and failure of the plaintiff to bring his legal representatives on record did number affect the maintainability of the suit.
The High Court of Madhya Pradesh has affirmed that order, hence the present appeal.
