DAULAT RAM SINGH Vs. SWAMI DAYAL AND ANOTHER

JUDGEMENT

(1.) CHAUDHARI Daulat Ram Singh has filed this appeal against the decree passed in suit No. 6 of 1934 in terms of the reliefs claimed in the plaint were in the following terms:

(2.) SUIT No. 7 of 1931 in the court of the II Subordinate Judge, Kanpur had been filed by Chaudhari Ganga Sahay. During the pendency of the suit the Plaintiff died and the question arose about bringing on record his legal representatives. The present Plaintiff Swami Dayal had applied for being substituted in place of Chaudhari Ganga Sahay. There were other Applicants also. The court held Under Order XXII, Rule 5, Code of Civil Procedure that Smt. Indrawati and Smt. Amrawati were the legal representatives of Chaudhari Ganga Sahay and directed that they be substituted in the suit as legal representatives of Chaudhari Ganga Sahay. Swami Dayal filed a revision against that order in this Court and that was dismissed on 17 -8 -1963.

(3.) IN the result, the appeal is allowed, the decree of the court below is set aside and the Plaintiff's suit is dismissed as not maintainable. This point had not been specifically raised in the written statement and no body has appeared to oppose the appeal so no order is made as to costs.