DES RAJ AND ORS. Vs. RAJIV KATARIA

JUDGEMENT

(1.) CHALLENGE in the present revision petition, by the plaintiff/petitioners, is to the order dated 04.08.2011 (Annexure P8), whereby the Trial Court has declined the impleadment of the legal representatives of the deceased -defendant No. 2 on the ground that nobody had approached the Court for impleading him and as per the provisions of Order 22 CPC, as amended by this Court and the plaintiff need not move such like application for impleading the LRs of the deceased defendant.

(2.) THE suit for possession by way of specific performance of the agreement to sell dated 23.07.2003, pertaining to House No. 2132, Sector 15 -C, Chandigarh, was filed on 07.06.2004 by the petitioner -plaintiff against respondent No. 1 and Puran Singh, who was arrayed as defendant No. 2. The said defendant No. 2 was alleged to have expired on 13.05.2008. Accordingly, an application dated 21.07.2009 was filed by the petitioners that the said fact be confirmed regarding his death, which was replied by the common counsel filing reply dated 14.10.2009 that the other defendant has died as per respondent No. 1. Thereafter, an application dated 14.10.2009 was filed under Section 151 CPC, asking the counsel for defendant No. 1 to clarify the exact date and place of death, the name and address of the legal representatives of defendant No. 2 for impleading him as a party in the suit for possession since they were represented by one counsel.

(3.) THE matter, in the meantime, was resolved with the plaintiffs on 30.07.2013 and the statement of counsel for the plaintiffs was recorded that the total amount of Rs. 1,65,00,000/ - would be paid by 31.10.2013, by defendant No. 1, failing which, the suit of the plaintiffs would be decreed with costs. The settlement was to be a complete settlement with the rest of the defendants also and on the failure, the suit of the plaintiffs would be decreed with costs. The said statement reads as under: