MOHAN DEVI Vs. DEV RAJ PASSI

JUDGEMENT

(1.) This revision petition arises out of the proceedings in Execution Case No. 2 of 1983 pending in the Court of Shri S.K. Garg, Sub Judge Ist Class, Ludhiana.

(2.) The facts of the case, as they are made out from the order under revision, are that Dev Raj Passy and Lal Chand Passy respondents had filed eviction proceedings against Piare Lal, husband of Mohan Devi petitioner and father of the other petitioners. In the eviction proceedings, the present petitioners filed an application under Order 1 Rule 10 of the Code of Civil Procedure, for impleading them as respondents in the case as, according to them, Piare Lal had died. An issue was framed to that effect on the prayer of the petitioners for impleading them as respondents. That application of the petitioners was dismissed for non-prosecution and the eviction order was passed ex parte against them.

(3.) The petitioners have filed an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex-parte order, which is pending trial before the Subordinate Court. In the meantime the respondents initiated execution proceedings, seeking possession from the petitioners of the premises. In that, the petitioners filed an objection petition raising objections that Piare Lal was dead and the order had been passed against a dead person and for that reason it was inexecutable. It was further stated that the report of the Process Server about Piare Lal being dead, was not correct. The application was contested on behalf of the respondents. The learned Subordinate Judge dismissed the objections of the petitioners, against which the present revision petition has been filed.