SUBHASH CHANDER KUMAR Vs. PRABHU DAYAL

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Senior Subordinate Judge, Hisar, dated June 8, 1991, refusing the application of the petitioner to bring him on record as legal Representative of the deceased plaintiff

(2.) THE facts : smt. Ashok Sardana wife of Sh. Tirlok Nath Sardana filed a suit for possession of the disputed property, which is registered as Civil Suit No. 352 of 1983. During the pendency of the suit, the plaintiff died on November 30, 1987. She bequeathed the disputed property to the petitioner through a registered Will dated June 22, 1986. The suit was prosecuted by an attorney. An application was filed in the trial Court to bring on record the legal representatives of the deceased plaintiff. The defendant-respondents contested the application, inter alia, on the ground that it was filed beyond limitation and that cause of action did not survive to the legal representative of the deceased.

(3.) ON the plea lings of the parties, the following issues were framed by the trial Judge: