MOHAN SINGH Vs. MOTI SINGH AND ORS.

JUDGEMENT

(1.) This is an application in revision against an order of the Courts below, in effect, holding that a suit had abated in its entirety.

(2.) The facts giving rise to this revision, shortly stated, were these. A suit was filed for declaration, with an alternative prayer to the effect that in the event of the Court finding the Plaintiff out of possession in respect of any of the suit properties, the Court may grant the Plaintiff a decree for possession also. There were six Defendants to the suit. The case of the Plaintiff, in very brief, was that the Defendants had surreptitiously and without any right got their names mutated in the village records and had thereby cast a cloud on the Plaintiff's title and therefore, he wanted the necessary declaration to remove that cloud on his title.

(3.) On 24-10-1951 Moti Singh, one of the Defendants, died. The legal representatives of Moti Singh were not brought on the record within ninety days, that is to say, up to 22-1-1952. An application, however, was made on behalf of the Plaintiff on the 1st of April 1952 for setting aside of the automatic abatement that had taken place. 1 he trial Court by its order dated the 31st of July 1952, held that there was no sufficient cause for setting aside of the abatement and therefore, it dismissed the application of the Plaintiff. The trial Court further held that because of the abatement of the suit as against Moti Singh's heirs, the entire suit had abated.