ABDUL HAI Vs. ABDUL SATTAR

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India. It arises out of the following facts.

(2.) THE petitioner's father late Suleman Ghar Ghati filed a suit against respondent No. 1 for possession and for permanent injunction. During the pendency of the suit, the father of the petitioners died and an application under Order 22 Rule 3 of the Code of Civil Procedure, 1908 was filed by the petitioner No. 1. The petitioner No. 1, Abdul Hai was permitted to be brought on the record. Thereafter, an objection was taken that the petitioners No. 2 and 3 are also the legal heirs of the deceased Suleman, therefore, they are also necessary parties and a suit cannot be aboceeded without impleading them. This matter was again considered by the trial court and their names were permitted to be brought on the record. Thereafter an application for amendment of the plaint was filed. The respondent No. 1 who figured as a defendant filed a revision petition against the order by which the daughters were permitted to be brought on record. This revision petition was allowed and it was held that the suit had abated as the daughter who were the legal heirs were not brought on the record. It is against this order passed by the District Court, the petitioners have filed the present petition.

(3.) IN view of the aforementioned authorities, the conclusion is inescapable that one of the landlords could pursue the suit. Accordingly, the order passed by the Additional Judge to the Court of District Judge, Guna holding that the suit had abated is set aside and the matter is sent back to the trial court for deciding the same in accordance with law. There would be no order as to costs.