NANAK CHAND MAHIPAT Vs. HARDIT SINGH

JUDGEMENT

(1.) Amir Singh filed a money suit against M/s. Nanak Chand Mahipat and the two partners of the said firm, who are all petitioners in this revision petition. During the pendency of the suit, the plaintiff Amir Singh died on December 14, 1972. When the case came up for hearing before the trial Court on January 2, 1973, the suit was dismissed as having abated. On March 27, 1973, an application was filed by Hardit Singh and Inder Kaur wherein it was stated that Amir Singh deceased plaintiff had left behind his two daughters Smt. Inder Kaur and Smt. Gurcharan Kaur as his legal representatives and that the deceased had also left a will dated September 28, 1972, under which Hardit Singh applicant was named as the sole beneficiary. As such, he too was a legal representative of the deceased. The applicants, therefore, prayed that the order of abatement of the suit may be set aside and they may be impleaded as plaintiffs in the suit vice Amir Singh deceased. It was further prayed that the other daughter Smt. Gurcharan Kaur may also be impleaded as a pro forma defendant, being the legal representative of the deceased.

(2.) The application aforesaid was resisted by the defendants-petitioners on whose behalf it was pleaded, inter alia, that the application was barred by limitation and that Hardit Singh applicant had no locus standi to file the application without obtaining a probate of the will under which he claimed title. The factum of the death of Amir Singh on December 14, 1972, was, however, admitted.

(3.) After inviting a rejoinder, the trial Court framed the following issues which arose from the controversial allegations contained in the application and the reply filed on behalf of the defendants :-