DES RAJ ARORA Vs. IQBAL KAUR AND ANOTHER

JUDGEMENT

(1.) The first defendant-Dalip Singh died during the pendency of the suit. His legal heir Inder Pal Singh who was brought on record also died. As per Order 22 Rule 2B as introduced by way of amendment by the High Court of Punjab & Haryana, it is the legal representatives of the deceased-defendant who shall take steps to come on record and no steps need be taken by the person who is dominus litus. In other words, the plaintiff need not file any application to bring on record the legal representatives of the deceased-defendant and it is only the legal representatives of the deceased-defendant who shall take steps to bring them on record in the suit as per the aforesaid amendment introduced by this Court. As per Order 22 Rule 4 sub-Rule 3 as amended by the High Court of Punjab & Haryana, the suit does not abate as against the deceased-defendant even in a case where the legal representatives of the deceased-defendant did not take steps to come on record. Therefore, the trial Court is at liberty to pronounce the judgement notwithstanding such a death of the defendant. The judgement so pronounced shall have the same force and effect as if it had been pronounced before the death of the defendant that took place.

(2.) In case the legal representatives file an application to set aside the decree passed as against the deceased-defendant, they will have to establish that they were not aware of the pendency of the suit or that there was no intentional lapse on their part to file necessary application to bring them on record.

(3.) In the instant case, the first defendant-Dalip Singh died and his legal representative Inder Pal Singh who was brought on record also died during the pendency of the suit. But no steps were taken by his legal representatives to come on record in place of Inder Pal Singh. The trial Court passed the judgement on merit on 29.2.2012.