SHANTI DEVI Vs. KARTA RAM AND ORS.

JUDGEMENT

(1.) This revision petition is directed against the order dated 10th March, 1987, passed by the learned Additional District Judge, Ambala.

(2.) The facts giving rise to this revision -petition need be briefly mentioned. Karta Ram and Mansa Sons of Nihala, Lajja Ram son of Bishna and Smt. Parkash Devi daughter of Bishna claimed that they had l/3rd share in the land in dispute and they were the co -owners to that extent. They further alleged that Panni, Kishori and Dhani Ram sons of Rulia jointly owned another l/3rd share therein while Smt. Shanti wife of Nand who is the Petitioner herein also owned l/3rd share. They filed a suit for permanent injunction restraining the Petitioner from interfering with the possession of the land stating that the land was earlier mortgaged with a third party and they had redeemed the mortgage and were thus in possession of the same to the exclusion of the Defendant, including the Petitioner herein. The suit was decreed by the learned trial Court on 28th February, 1986 qua the Petitioner alone while the claim as against the remaining Defendants was given up by the aforesaid Plaintiffs. The Petitioner challenged the said decree by filing an appeal which is pending before the learned Additional District Judge. When Smt. Parkash Devi was Sought to be served in the appeal it came to light that she had died way back in the year 1982.

(3.) The Petitioner thereon raised the plea before the learned Additional District Judge that the decree under appeal had been passed in favour of a dead person namely Smt. Parkash Devi. Since her legal representatives had not been brought on record within the period of limitation the suit could not proceed and the decree is a nullity. The learned Additional District Judge after examining the matter from different aspects has held that on the death of Smt. Parkash Devi the right to sue survived to the remaining Plaintiff and they could proceed with the same. Therefore, the decree was not a nullity. It further made a direction that the legal representatives of Smt. Parkash Devi should be brought on record by Respondent Nos. 1 to 3.