SUKHCHARAN SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) This order shall govern the disposal of an application, filed on behalf of defendant No. 1 under Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Civil Procedure Code '), praying for the dismissal of the suit. filed by the plaintiff, on the ground that the same stands abated due to the default on the part of the plaintiff in not bringing on record the LRs of deceased defendant No. 14, namely, Mrs. Gurbachan Kaur within the prescribed time limit.

(2.) The facts relevant for the disposal of the above mentioned application, briefly stated, are that one Shri Jit Singh was a member of the East Punjab Railway Refugee Rehabilitation and House Building Co-operative Society Limited. He was allotted a piece of land on account of his being member of the above mentioned Society. The plaintiff Shri Sukhcharan Singh has filed the present suit claiming himself as one of the successors of said Shri Jit Singh. The plaintiff, in the present suit has prayed for the following reliefs :

(3.) The claim of the plaintiff in the present suit, has been resisted by defendants 1,2,3,4,6,12 & 13 who have filed written statements. On the pleadings of the parties the learned predecessor of this Court vide order dated 6.8.84 has framed the following issues: