DHAN SINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) VIDE order under challenge (dated 17.8.2004), application of the petitioner-plaintiff to implead L.Rs. of deceased Hardial Kaur, was dismissed, on the ground that Hardial Kaur had died on 28.10.1998 whereas the suit was filed in the year 2004, as such it was a nullity.

(2.) IT is apparent from records that suit was filed not only against Hardial Kaur, but also against Gurdev Kaur and Hamir Kaur. Even if it is presumed that suit against Hardial Kaur deceased was a nullity and her legal heirs have no right to be impleaded as a party, the suit still survives.

(3.) THE rules and procedure are handmaid of justice to enhance the same and not to scuttle it.