MST. CHAND KAUR Vs. SUCHA SINGH AND ANOTHER

JUDGEMENT

(1.) THE appeal is directed against the concurrent decisions of the Courts below, dismissing the plaintiff's suit.

(2.) IN order to appreciate the facts giving rise to this appeal, it will be of some advantage to set out the genealogical table of the parties:

(3.) THE Learned Counsel for the respondents raised a preliminary objection that the appeal has abated. The objection is that Sucha Singh respondent died in 1965 and Dhani Singh on 31st of December, 1969. No application has been made with regard to the impleading of the legal representatives of Sucha Singh. It is stated that it is not necessary, because Sucha Singh died without leaving any heir, the only heir being Dhani Singh who was already a respondent in this appeal. With regard to the death of Dhani Singh it is stated that an application was made on 31st of March, 1970, thus within limitation, but only one of the daughters of Dhani Singh has been impleaded, whereas Dhani Singh is reported to have left behind four daughters. In view of the Supreme Court decision in Ram Das and another v. Deputy Director of Consolidation, Ballia : A.I.R. 1971 S.C. 673 the objection as to abatement is not tenable. The remaining daughters of Dhani Singh can be impleaded even now. As Dhani Singh has willed his entire property to Mst. Sita, it is not necessary to implead the remaining daughters.