BANTA SINGH Vs. KHAJAN SINGH

JUDGEMENT

(1.) BY this order I dispose of Civil Revision Nos. 4186 and 4189 of 1998 as common question of law and fact is involved in the same. Both the revision petitions have been directed against the order dated 14.9.1998 passed by Additional Civil Judge (Senior Division), Sirsa, who allowed the application of the LRs of Major Singh for impleading them as party to the suit in place of their father Major Singh.

(2.) SOME facts can be noticed in the following manner:- Major Singh deceased and Khajan Singh filed a suit for possession by way of specific performance against the defendants on the basis of agreement of sale dated 6.10.1989 executed by defendant No. 1 Prem Chand in their favour with respect to the land measuring 115 kanals 9 marlas, fully described in the head-note of the plaint. Notice of the suit was given to the defendants. The suit was filed in the year 1991. Unfortunately Major Singh died on 16.11.1992. The LRs of Major Singh filed an application under Order 22 Rule 3 CPC for bringing them as LRs on 1.9.1998. Notice of the application was given to the respondents who contested the same on the ground that since the application has not been moved by the LRs within 90 days from the date of death of Major Singh, therefore, the suit should abate as a whole. The parties addressed arguments before the trial Court and for the reasons given in paras 5 to 7 of the impugned order it allowed the application of the LRs.

(3.) I have heard the learned Counsel for the parties and with their assistance have gone through the record of the case.