LAL SINGH Vs. MULTAN SINGH AND ORS.

JUDGEMENT

(1.) BRIEFLY summarised the material facts are these: Bishan Sarup Defendant 1 instituted a suit for possession of the suit property by specific performance of an agreement of sale against Defendants 1 to 4 and Defendants 6 and 7 in the suit out of which this appeal has arisen. That suit was decreed on 12 -2 -1940 and the decree passed by the trial Court was confirmed by the Additional District Judge of Hissar on 16 -5 -1942. Rattan Lal and Chaman Lal Respondents 6 and 7 in these proceedings went up in appeal from the decree passed on 16 -6 -1942, but the appeal failed and was dismissed by the High Court on 13 -11 -1942.

(2.) LAL Singh Plaintiff -Appellant then instituted the suit for possession by pre -emption of the suit property on 2 -11 -1943, out of which this appeal has arisen . The suit was dismissed with costs on 30 -11 -1944. Lal Singh then filed an appeal in the Court of the District Judge, Hissar, from the decree passed by the trial Court in Civ. Suit No. 204 of 1943 on 30 -11 -1944. The appeal, however, failed and was dismissed on 23 -2 -1946.

(3.) NOW , Bishan Sarup, the sole contesting Respondent in this appeal, died on 28 -4 -1948. Lal Singh Plaintiff -Appellant, however, applied in this Court under Rule 4 of Order 22, Code of Civil Procedure, 1908, on 29 -1 -1949, alleging that Bishan Sarup died in the month of December 1948. On that application Harchand Rai and Ram Chand Respondents 5(A) and 5(B) were brought on the record of R.S.A. NO. 1163 of 1946 subject to all just exceptions.