MAHABIR PRASAD Vs. JAGE RAM

JUDGEMENT

(1.) Jage Ram and two others-hereinafter collectively called the defendants-were lessees of certain property belonging to Mahabir Prasad, his mother Gunwanti Devi and his wife Saroj Devi (collectively referred to hereafter as 'the Plaintiffs') . The plaintiffs commenced an action in the Court of the Subordinate Judge, First Class, Delhi, for a decree for Rs. 61,750 being the amount of rent due by 'the defendants'. The Subordinate Judge, Delhi decreed the suit. Execution of the decree was resisted by the defendants on the plea inter alia, that the decree was inexecutable because of the provisions of the Delhi Land Reforms Act, 1954.

(2.) The Subordinate Judge upheld the contention and dismissed the application for execution. Mahabir Prasad alone appealed against that order and impleaded Gunwanti Devi and Saroj Devi as party-respondents. Saroj Devi died in November 1962 and Mahabir Prasad applied that the name of Saroj Devi be struck off from the array of respondents The High Court made an order granting the application "subject to all just exceptions".

(3.) The High Court dismissed the appeal holding that because the heirs and legal representatives of Saroj Devi were not brought on the record within the period of limitation prescribed by the Limitation Act the appeal abated in its entirety. Against that order, this appeal is preferred with certificate granted by the High Court.