LAL SINGH Vs. GURNAM SINGH

JUDGEMENT

(1.) This order will dispose of F. A. Os. Nos. 965, 966 and 967 of 1984, as the question involved is common in all the cases.

(2.) Pala singh Son of Kishan Singh, filed three appeals against the judgment and decree of the trial Court passed against him. During the pendency of the appeals, he died on Sept. 27, 1983. Applications, dt. Mar. 9, 1984, were filed on behalf of Lal Singh, his son, for bringing on record his legal representatives. The applications were contested on behalf of the respondent. The Additional District Judge (I), Bhatinda, dismissed the said applications with the following observations: "The learned counsel for the appellant on having been confronted with such unassailable document (death certificate showing Pala Singh having died on Sept. 27, 1983) could not and did not urge any meaningful argument for controverting the date of death of Pala Singh mentioned in this death certificate." As a result, the three appeals were dismissed as having abated.

(3.) Admittedly, Pala Singh died on Sept. 27, 1983, as per the death certificate produced by the respondent themselves. Of course, the applications were filed after the appeals had abated. Under the circumstances, the matter should have been decided after allowing the parties to lead evidence as to whether there was sufficient cause for setting aside the abatement or not. No such course was adopted by the lower appellate Court. Even if in the applications moved on behalf of Lal Singh, no such prayer was made, even then the said applications to bring on record the legal representatives of Pala Singh, deceased, after the time prescribed therefor by law should have been treated as the applications to set aside the abatement of the appeals also. It was so observed in Bachan Ram v. Gram Panchayat. Jonda, AIR 1971 Punj and Har 243. The relevant observations in the said case are-