KULWINDER KAUR Vs. RAGHBIR SINGH

JUDGEMENT

(1.) The present revision petition is directed against the order passed by the learned Civil Judge (Jr. Division) Amritsar, dated 9.9.1997. By virtue of the impugned order the learned trial Court dismissed the application filed by the petitioners under Order 1, Rule 10 of the Code of Civil Procedure.

(2.) The petitioners are the wife and children of Dr. Jagir Singh. The respondents has filed a civil suit for specific performance against Dr. Jagir Singh. The report has been received that whereabouts of Dr. Jagir Singh were not known. At this stage, it is not out of place to mention here that whereabouts of Dr. Jagir Singh are not known since 20.1.1996. A police report dated 8.7.1996 in this regard has already been made.

(3.) The petitioners submitted the application under Order 1, Rule 10 CPC that Dr. Jagir Singh is missing, his whereabouts are not known and, therefore, petitioners may be impleaded as parties to the civil suit. Needless to state that the said application was contested. The learned trial Court relying upon section 108 of the Indian Evidence Act, held that since 7 years have not elapsed, it cannot be termed that Dr. Jagir Singh is a dead person. Since such a presumption could not be drawn, the petitioners were not taken to be necessary party. Their application was dismissed. Hence the present revision petition.