UNION OF INDIA Vs. RADHA KISHAN SOHAN LAL

JUDGEMENT

(1.) This is a Letters Patent appeal on behalf of the Union of India from the judgment of a learned Single Judge of this Court. A preliminary objection has been raised, namely, that the appeal had abated long time ago and no application within time was filed for setting aside the abatement. In this case the respondents are Radha Kishan Sohan Lal, a joint Hindu family firm, who was being proceeded through Sohan Lal as the karta. The other members of the joint Hindu family had not been impleaded. On 6th of July 1959 Sohan Lal died during the pendency of the Letters Patent appeal. On 21st of August 1959 the fact that Sohan Lal had died was brought to the notice of the opposite party at the hearing. The Divisional Bench consisting of Bhandari C. J. and Falshaw, J. by their order dated 21st of August 1959 stated that it appeared that Sohan Lal had died recently and Mr. H. S. Doabia for the Union of India asked for an adjournment to implead the legal representatives of Sohan Lal deceased. The case was consequently adjourned. On 10th of March 1960 an application was filed under Order 22, Rule 4 and Order 32, Rule 3 of the Code of Civil Procedure for bringing on record the legal representatives of Sohan Lal deceased. It was stated that Sohan Lal had left six heirs named in the application and it was prayed that they may be brought on the record and the abatement which had already resulted be set aside. This application was accompanied with an affidavit of Shri Kidar Singh, D. S. (Deputy Superintendent), Central Excise and Customs, Ludhiana, in which he stated:

(2.) I agree.

(3.) Appeal dismissed.