ORDER : B.N. Agrawal, J. Heard learned counsel for the parties. 2. The trial court by its order dated 19-5-2000 passed in Civil Suit No. 126 of 1998 held that the petition filed by Ravi Kumar Agarwal, who was husband of the respondent for dissolution of marriage on the ground that the same was voidable, abated in view of the death of Ravi Kumar Agarwal after rejecting the petition under Order 22 Rule 10 of the Civil Procedure Code (for short CPC) filed by the appellants, who were nobody else than the parents of Ravi Kumar Agarwal. Against the said order when the matter was taken to the High Court in appeal, the same was confirmed. Hence, this appeal by special leave. 3. Having heard the parties and perused the impugned orders, we are of the view that as the petition was for dissolution of marriage on the ground that the same was voidable, it did not abate and petition under Order 22 Rule 10 Civil Procedure Code filed by the appellants should have been allowed. 4. Accordingly, the impugned orders are set aside and the matter is remitted to the trial court. Upon remand that court shall first allow the petition under Order 22 Rule 10 Civil Procedure Code and thereafter shall proceed to dispose of the matter on merits in accordance with law, after giving opportunity of adducing evidence to the parties. 5. No costs.