BARATI LAL Vs. NATTHU

JUDGEMENT

(1.) SHISHIR Kumar, J. The present, writ petition has been filed for quashing the order dated 13-9-2005 (Annexure 4 to the writ petition) passed by the Additional District Judge, Court No. 4 Hamirpur and order dated 19-1-2005 passed by the Civil Judge (Junior Division), Hamirpur.

(2.) THE facts arising out of the present writ petition are that the respondent No. 1 filed an Original Suit No. 10 of 1997 against the petitioners' predecessors Shivraj and Prabhu Dayal for cancellation of sale- deed dated 12-1-1989. During the pendency of the said suit, the defendant No. 1 Shivraj died on 18-7- 2002 and the other defendant Prabhu Dayal also died on 27-5- 2001. THE plaintiff respondent and his Counsel was having the said information about the date of death but no application for substitution was moved within time. An application was moved on 21-4-2003 describing the same under Order XXII Rule 2 and under Order VI Rule 17 of the Civil Procedure Code.

(3.) A finding to this effect that respondents came to know regarding the death of the defendants on 21- 8-2003 is not turn out from any relevant evidence that how they came to know on that date regarding date of death. In view of the aforesaid fact, the petitioners submit that the impugned order is liable to be set aside.