BALKAR SINGH Vs. BEANT SINGH

JUDGEMENT

(1.) This is application for impleading legal representatives of defendant Balkar Singh (since deceased). It is alleged in the application that Balkar Singh has left behind persons, mentioned in paragraph 3 of the application, as his only legal heirs. The application is accompanied by joint affidavit. Accordingly, the application is allowed, subject to all just exceptions and persons mentioned in paragraph 3 of the application are ordered to be impleaded as legal representatives of Balkar Singh defendant (since deceased), for the purpose of this revision petition.

(2.) In this revision petition filed under Article 227 of the Constitution of India, challenge is to order dated 05.01.2011 (Annexure P-3) passed by learned lower appellate court i.e. Additional District Judge, Ferozepur.

(3.) However, cost amount was not paid on the said date. On request of counsel for defendant-appellant, lower appellate court adjourned the case to 05.01.2011 for payment of costs. However, even on 05.01.2011, cost amount was not paid and rather application for grant of further time to deposit the cost amount was filed. The said application was declined and since the cost amount was not paid, the appeal was dismissed, vide order dated 05.01.2011 (Annexure P-3), which is under challenge in this revision petition.