KARAM KAUR Vs. DALIP SINGH

JUDGEMENT

(1.) HEARD

(2.) SMT . Karam Kaur widow of Ajit Singh son of Bishan Singh resident of village Bhinder Kalan, Tehsil Zira though general attorney Mukhtiar Singh son of Malkiat Singh son of Bishan Singh resident of Bhinder Kalan Tehsil Zira filed suit in March 1993 against Dalip Singh and Ranjit Singh sons of Anokh Singh son of Nathu Singh residents of Mandiranwala, Tehsil Moga to the effect that she is owner in possession of land measuring 3 kanals 19 marlas as detailed in the heading of the plaint situated in the area of Moga Mehla Singh, Tehsil Moga and for permanent injunction restraining them from interfering with her possession of the said land and also from alienating, transferring or disposing of the said land. During the pendency of the suit, an application was moved by the plaintiff for bringing on record the legal representative of deceased Dalip Singh namely Smt. Bhagwan Kaur (wife). This application was resisted by Ranjit Singh saying that this application is not maintainable as Dalip Singh was dead since before the institution of the suit and suit against a dead person is a nullity. It was stated that Dalip Singh had died about two years prior to the institution of the suit. Vide order dated 14.10.1993, Subordinate Judge Second Class, Moga held that this application is not maintainable since Dalip Singh was dead since before the institution of the suit and the suit against a dead person is a nullity. He posted the case for the written statement of Ranjit Singh defendant to 19.10.93. Not satisfied with this order, Smt. Karam Kaur has come up in revision to this Court.

(3.) LEARNED counsel for the respondents, on the other hand, submits that the suit filed by Karam Kaur against Dalip Singh and Ranjit Singh was a nullity as Dalip Singh was dead since before the institution of the suit and if that was so, the prayer of Karam Kaur for bringing on record the LR of Dalip Singh was rightly declined by the trial court. Suffice it to say, it would bear repetition that Dalip Singh was not the sole defendant. Ranjit Singh was also a defendant in the suit. As against the LR of Dalip Singh, the suit shall be deemed to have been filed, when Karam Kaur had made an application for bringing her on record in place of Dalip Singh as his LR. Learned counsel for the petitioner submits that Karam Kaur was also dead. She died on 26.6.2000 leaving behind her son Balbir Singh. Balbir Singh be brought on record as the LR of Karam Kaur through one Mukhtiar Singh, who is stated to be his general attorney vide registered power of attorney dated 12.7.2000. Balbir Singh was allowed to be substituted in place of Karam Kaur in the memo of parties in this revision. Revision allowed.