HARBANS LAL Vs. BELA SINGH

JUDGEMENT

(1.) One Shrimati Thakri sold the property in dispute to Harbans Lal for Rs. 4,000/- on 18th November, 1954. Bela Singh (now deceased) filed a suit against both the aforesaid persons challenging the sale on the ground that the alienation was without consideration and legal necessity. This suit was dismissed on 22nd August, 1955. Bela Singh deceased filed an appeal which was allowed and the suit was decreed on 28th February, 1956. Harbans Lal filed on appeal to this Court and that appeal was pending when Bela Singh died on 9th December, 1957. The legal representatives of Bela Singh were not impleaded within time, with the result that the appeal was dismissed as having abated on 26th April, 1961. Bela Singh had filed another suit after 28th February, 1956 for possession of the suit property on the ground that Mst. Thakri had remarried and as such he was entitled to immediate possession. An application under Section 151 of the Civil Procedure Code was filed since the appeal was pending in the High Court and on 4th June, 1957 the suit was directed to be stayed sine die. None of the parties applied for restoration of the case even after the disposal of the appeal by this Court on 26th April, 1961 and the Court issued notices to counsel for the parties suo motu. On 20th November, 1962 an application was filed by Tara Singh and Shiv Singh sons of Bela Singh under Order XXII, rules 3 and 9 of the Civil Procedure Code praying that they be impleaded as his legal representatives. According to them, although Bela Singh had died on 9th December, 1957 they were not aware of the suit which had been filed by him for possession and, therefore, they could not ask for its restoration earlier. They also prayed for setting aside of the abatement of the suit which was accompanied by an application under Section 5 of the Limitation Act for condoning the delay. This application was opposed by Harbans Lal. The trial Court held --