H B SINGH Vs. GURSHARAN KAUR

JUDGEMENT

(1.) This appeal by the defendant/appellant is directed against the order dated January 30, 1996 of a learned Single Judge dismissing IA No. 4333/95 filed under Order XXII Rule 3(2) and allowing IA No. 6190/96 filed under Order 1 Rule 10 CPC.

(2.) IA No. 4333/95 dated May 17, 1995 was filed by the defendant/appellant on the allegations that the entire suit is based on the cause of action in favour of Kirpal Singh (plaintiff No. 2), who died on January 10, 1993. Neither the fact of his death was brought to the notice of the court nor any application was filed for bringing on record his legal heirs. It was prayed that the suit may be dismissed as having abated with costs.

(3.) IA No. 6190/96 dated July 7, 1996 was filed by plaintiff/respondent No. 1 on the allegations that she purchased property No. R-264, Greater Kailash-I, under a registered sale-deed dated July 21, 1966. Kirpal Singh her husband, had been managing the property and the other affairs on her behalf. With a view to carry out construction work in Libya, her husband formed a partnership on February 1, 1980 and the appellant was one of his partners. Since the appellant had no place for his residence in Delhi, he was permitted to use the first floor of the said property for a short period with effect form May 1, 1980. On his refusal to vacate the property despite repeated requests and service of legal notice dated March 14, 1992, suit for possession and recovery of licence fee/demages was filed against him. Kirpal Singh, who died on January 10, 1993, was impleaded as plaintiff No. 2 in the suit only as a proforma party and as the right to sue survives in her favour alone his name be deleted from the memo of parties.