RANMAL Vs. MANIA

JUDGEMENT

(1.) This appeal is directed against the judgment dated December 3, 1963, rendered by the learned Senior Subordinate Judge, Narnaul, exercising enhanced powers.

(2.) The appellants filed a suit for declaration and permanent injunction in the Court of the Assistant Collector First Grade, Narnaul, that they were the owners of 1/3rd share in the wells known as Neorawala and Chhatriwala situate in Khewat No. 22 in village Sagarpur. This suit was decreed on March 25, 1955.

(3.) The respondents filed an appeal and urged that some of the plaintiffs had died during the pendency of the suit. The learned lower appellate Court held that the legal representatives of the deceased plaintiffs having been brought on record at the instance of the appellants before it, they would be deemed to have been impleaded as parties to the suit. With these observations, the case was remanded to the learned lower Court for a fresh decision in accordance with law. During the pendency of the suit one Lok Ram defendant died and his heirs were not brought on the record within the time of limitation. The learned trial Court held that since the legal representatives of Lok Ram had not been brought on record within the period prescribed by law the suit had abated.