BASHESHAR DASS (DEAD) Vs. RAMESH NAGPAL

JUDGEMENT

(1.) Plaintiff's suit was dismissed by the trial Court as having abated due to death of Phulla Singh defendant No. 93 as his legal representatives had not been brought on record within time. Aggrieved against that judgment and decree, plaintiffs filed the present first appeal.

(2.) Plaintiffs had filed the present suit for redemption of mortgage dated May 16, 1928, executed by Gian Chand, Baldev Dass, Basheshar Dass and Madan Lal sons of Thakur Dass for consideration of Rs. 22000/-. Phulla Singh defendant No. 93 was one of the co-mortgagees. Earlier the suit was dismissed.

(3.) It appears Phulla Singh defendant No. 93 died on 28th/29th November, 1972. One Gurmukh Singh defendant No. 86 made an application on June 2, 1973, under Order 22 Rule 4 of the Code of Civil Procedure (hereinafter referred to as the Code) stating therein that Phulla Singh's legal representatives had not been brought on record by the plaintiffs and, therefore, the suit be dismissed as having abated. Plaintiffs filed reply to this application on June 12, 1973 denying the factum of death of Phulla Singh. On June 14, 1973, the trial Court struck the following issue :-