MANMOHAN SINGH Vs. BALKAR SINGH (MAJOR)

JUDGEMENT

(1.) This appeal deserves to be dismissed as having abated. The appeal was filed against the judgment and decree of Sub Judge Ist Class, Fazilka, dated April 17, 1978, whereby suit for specific performance of contract was decreed. The defendants were directed to execute the sale deed in favour of the plaintiffs in accordance with the agreement within three months and in default thereof the plaintiffs to get executed sale deed through the Court.

(2.) The defendants filed this appeal in May 1978. Jaswant Singh one of the appellants died on December 12, 1983. His legal representatives filed an application under Order 22 Rule 4 of the C.P.C. for being impleaded as, appellants in place of Jaswant Singh on April 9, 1987. An application under Section 5 of the Limitation Act was also filed by them for condoning the delay in filing aforesaid application. These applications were ordered to be heard alongwith the appeal after notice was issued to the opposite party.

(3.) It is alleged in the application filed under Section 5 of the Limitation Act that during his life time Jaswant Singh did not tell the applicants (legal heirs) about the pendency of the appeal. The other appellants namely Manmohan Singh and Joginder singh brothers of the deceased were living separately for the last about 7 years. It was a week prior to the filing of the present application that Joginder Singh appellant informed that appeal filed by Jaswant Singh and his brothers was fixed for hearing in the High Court. The legal heirs are his widow, an illiterate person, others children who were stated to be minors having no knowledge of the litigation.