HARBANS SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) THIS civil revision is directed against an order dated 8th May, 1991, passed by the Subordinate Judge, First Class, Nabha, on two applications one filed by the first plaintiff and the other by the defendant. This civil revision is filed by the original defendant challenging the legality and correctness of the impugned ordered dated May 8, 1991.

(2.) SUIT No. 58 dated 6.4.1989 was filed by the four plaintiffs, namely, Dalip Singh and Rattan Singh, sons of Waryam Singh and Dhara Singh and Banta Singh sons of Wazir Singh against Harbans Singh son of Jagat Singh, the petitioner defendant. The plaintiffs claimed title to the suit property on the ground that the suit property belonged to one Bir Kaur who was said to be the sister of their father. It is stated in the Plaint that she died without leaving any heir and the Plaintiffs being the nearest heirs, have succeeded to the property of Bir Kaur. The Plaintiffs claimed to be the co -sharers having equal shares in the suit property. Rest of the details in the plaint are not necessary to be set out at this stage

(3.) THE second plaintiff, namely, Rattan Singh, died on May 1, 1990. The first Plaintiff, Dalip Singh, being the real brother, on July 23, 1990, made an application for bringing on record the heirs and legal representatives of the deceased Rattan Singh. The defendant filed an application contending that since the heirs of plaintiff No. 2 did not come forward with proper application for bringing them an record, the application of plaintiff No. 1 was not maintainable. In the absence of the heirs and legal representatives of Plaintiff No.2 on record, the whole suit must abate and the suit be dismissed as abated.