SITA RAM Vs. BALJINDER KAUR

JUDGEMENT

(1.) THE matrix of the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, petitioner -plaintiff Sita Ram son of Madan Gopal, sole proprietor of M/s Madan Gopal Sita Ram, commission agent (for brevity "the plaintiff -firm"), has instituted the civil suit for a decree of recovery of Rs. 73,274/ - against respondent -defendant Sarmel Singh (for short "original defendant") (since deceased). Initially, the original defendant contested the suit, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) ALTHOUGH , during the pendency of the suit, the original defendant died on 16.12.2000, but, still, the ex parte proceedings were ordered against him on 8.10.2002, without impleading his LRs by the trial Court. Subsequently, even, the trial Court passed the ex parte judgment and decree dated 12.9.2003 (Annexure P4) for recovery of the pointed amount along with interest against the original defendant (dead person).

(3.) IN the wake of pleadings of the parties, the appellate Court framed the following issues: -