LATA SETH Vs. NARINDER NATH SETH

JUDGEMENT

(1.) THE ancestry of the litigating parties may be noted. The pedigree table is as under:-

(2.) THE table would reveal that Lakshmi Narain Seth was blessed with three sons named Kedar Nath, Manmohan and Krishan Lal and a daughter named Kamla. When the suit was filed i.e. the litigation was commenced by the wife, sons and daughter of Kedar Nath, since Manmohan was also dead, his wife, sons and daughters were impleaded as defendants No.1 to 5; and being alive Krishan Lal was impleaded as defendant No.6. On his death, his wife, sons and daughters were substituted as defendants No.6(a) to 6(d). Kamla Chopra was impleaded as defendant No.7. We shall be referring to the parties as plaintiffs and defendants as afore-said.

(3.) SOON after the suit was instituted, defendant No.7 Kamla Chopra expired and her legal heirs were brought on record but they chose not to appear and contest the suit and hence were proceeded against ex-parte.