SWAMIPRASAD Vs. BADA RAI SAWAI SINGHAI CHURAMAN

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judgment dated 28-9-1956 delivered by Mudholkar J. in Miscellaneous Appeal No. 193 of 1953 arising out of the order dated 31-8-1953 passed by the Second Civil Judge Class I Jabalpur in civil suit No. 13-A of 1952.

(2.) The material facts for the purposes of the present appeal are as follows: A suit was filed against ten persons for possession of a portion of a house belonging to the plaintiffs. According to the latter the defendants taking advantage of their absence had disturbed their possession and wrongfully entered into possession of a portion of the house in dispute in the year 1946. The defendants denied the plaintiffs claim.

(3.) During the pendency of the suit, defendant No. 2 Ganeshprasad died on 511-52 and the defendant No. 3 Badriprasad died on 4-11-52. The plaintiffs' applications for bringing the legal representatives of these persons on record as also for Setting aside the abatement and for condonation of the delay in malting the said applications, were rejected. The trial court held that the suit cannot be proceeded with in the absence of the legal representatives of the deceased defendants and, therefore, ordered the suit to be dismissed as a whole.