NISHIDH KUMAR Vs. MAYUR PLANNERS

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS revision is directed against the order dated 12 -11 -1997, passed by learned Additional Civil Judge (Senior Division), Dehradun, in original suit No. 448 of 1997, whereby the amendment application moved by the plaintiffs has been allowed.

(3.) BRIEF facts of the case are that a suit was instituted by the respondents as against the five defendants namely, Nishidh Kumar, Randhir Singh, Pramood Singh, Yuvraj Singh and Balwant Singh on 15 -07 -1997 for specific performance of contract. However, during the pendency of the suit, it was found that Yuvraj Singh (defendant No.4) had already died way back in the year 1990 i.e. before the institution of the suit, while Randhir Singh (defendant NO.2) died on 28 -071997 i.e. after the institution of the suit. It appears that the plaintiffs moved an application No. 27 -A before the trial court, for amendment In the plaint, stating that deceased Yuvraj Singh was an unmarried person whose only legal representative, Balwant Singh (defendant No.5), is already on record. It was also stated that after death of Randhir Singh (defendant No.2) his brother Pramod Singh (defendant No.3), who is his legal representative, is also on record. Therefore, in said amendment application, it was sought that against the names of these aforesaid defendants namely, defendant Yuvraj Singh and defendant Randhir Singh, the word 'dead' be added. Learned trial court, after hearing the parties, allowed said application, aggrieved by which, this revision is filed before the Allahabad High Court, from where it has been received by transfer to this Court, under Section 35 of the U.P. Re -organisation Act, 2000, for its disposal.