TRILOK SINGH Vs. INDER PAL

JUDGEMENT

(1.) THE present appeal is directed against an order of the learned Single Judge dated 12.03.2013, dismissing I.A. No.14076/2007. By that application, the plaintiff - who died during the pendency of appeal - has sought for recall of the order dated 23.03.2007 by which the suit had been withdrawn.

(2.) THE brief facts necessary for disposing off the present appeal are that the plaintiff approached the Court seeking a declaration that registered gift deed dated 5.5.2004 in favour of his grand sons arrayed as second and third respondents was invalid and not enforceable. He also sought consequential reliefs such as perpetual injunction. Apparently, after the execution of the gift deed, the second and third defendants had further transferred the property through a registered sale deed dated 11.04.2005. The subsequent purchaser was also arrayed as a party.

(3.) ON 17.11.2007, the plaintiff again approached the Court. This time alleging that fraud had been practised upon him by counsel which had resulted in unwarranted withdrawal of the suit. Notice was issued on the application. Subsequently, during the pendency of I.A.14076/2007, the plaintiff died. Legal representatives were substituted by the Court. The learned Single Judge dismissed the application seeking recall of the earlier order recording withdrawal. The material portion of the impugned order reads as follows: -