JOGINDER SINGH Vs. CHANDER KANTA

JUDGEMENT

(1.) PRESENT revision petition has been filed against the order passed by the learned Civil Judge (Senior Division), Jalandhar dismissing the application filed by the petitioner to bring on record the legal representatives of defendant No. 1 and consequently the suit against defendant No. 1 brought for specific performance of agreement dated 13.9.1995 was dismissed.

(2.) IT may be noticed that the petitioner has filed a suit against Ms. Chander Kanta for specific performance of agreement dated 13.9.1995. As Ms. Chander Kanta has failed to execute the conveyance deed in pursuance of the agreement of sale, the suit was filed. However, no notice having been issued to Ms. Chander Kanta it was reported by the Process Server that she had died about 9 months back. Learned Civil Judge (Sr. Division), Jalandhar came to the conclusion that as no suit was competent against a dead person and therefore, it was not open to the petitioner to move an application for bringing on record the legal representatives of deceased defendant.