GIRJA SHANKER SINGH Vs. RAM SINGH

JUDGEMENT

(1.) By this application in revision under Section 115 of the Code of Civil Procedure the defendants claim that the order dated 30-11-1979, passed by the Munsif, Jaunpur refusing to declare that the suit giving rise to this revision has abated, be set aside.

(2.) Babu Nandan Singh filed a suit against Udit Singh, Girja Shunker Singh, Ganga Pd. Singh, Sankatha Singh and Ravindra Prasad Singh for a mandatory injunction directing them to demolish a wall marked by letters Ta-tha, and ta-ja shown in the plaint map.

(3.) During the pendency of the suit, defendant Udit Singh died in the year 1970, The heirs of the plaintiff Babu Nandan Singh, who too had died during the pendency of the suit, made an application, No. 103 Ka, in the year, 1977 stating that Udit Singh was dead and that his heirs and legal representatives were already on the record and prayed that a note be made accordingly. The defendants claim that Udit Singh had, apart from his sons who are defendants Nos. 3 to 5 left his widow and daughters also as his legal representatives. As the plaintiffs did not take steps to bring their names on record, the suit had abated and prayed that necessary declaration to that affect may be made. They also urged that in the circumstances, the application, paper No. 103 Ka, deserves to be rejected.