LAWS(P&H)-2007-11-63

PUNJAB SINGH Vs. NARINDER SINGH

Decided On November 14, 2007
PUNJAB SINGH Appellant
V/S
NARINDER SINGH Respondents

JUDGEMENT

(1.) FOR the reasons mentioned in the application, the order dated 1.8.2007 is recalled and the case is restored to its original number. C.M. stands allowed. S.A.O. No. 71 of 1987 1. This second appeal against an order has been filed against the order dated 20.7.1987 passed by the learned Addl. District Judge, Faridkot vide which appeal filed by the appellants against the judgment and decree passed by the learned trial Court, has been ordered to be dismissed as the appellants failed to bring on record the legal representatives of deceased Gurbax Singh, one of the appellants in the case.

(2.) THE appellants had moved an application for bringing on record the legal representatives of deceased Gurbax Singh whereas the respondents moved an application for dismissal of the appeal having abated. The learned Addl. District Judge, Faridkot was pleased to dismiss the application moved by the appellant for bringing on record the legal representatives of deceased Gurbax Singh whereas the application moved by the plaintiff respondent was allowed and the appeal was ordered to be dismissed as having abated as the order qua one of the appellants had attained finality.

(3.) THE learned counsel appearing on behalf of the appellants has challenged the order by placing reliance on the judgment of this Court in the case of Padma Wati v. Hans Raj and others, 1976 PLR 917 wherein this Court has been pleased to lay down as under :-