PAWAN KUMAR Vs. CHAMPA DEVI

JUDGEMENT

(1.) This revision petition has been filed by Pawan Kumar, Pardeep Kumar minor sons and Miss Manju minor daughter of Om Parkash against the order by the Subordinate Judge 1st Class, Sirsa dated May 26, 1979.

(2.) Shrimati Sukhi Devi filed a suit for ejectment against M/s. Ladu Ram Gheru Lal, Gheru Lal, Harish Chand, Om Parkash and Kishan Lal from the shop in dispute situated in village Elnabad TehsiL Sirsa. Harish Chander, Om Parkash and Kishan Lal defendants were the sons of Gheru Lal defendant: Harish Chander, and Om Parkash were proceeded ex parte in the trial Court. The suit of the plaintiff was dismissed on Apr. 8, 1975. She filed an appeal before the Additional District. Judge, Hissar against that decree During the pendency, of the appeal Shrimati Sukhi Devi died, Shrimati Champa Devi, and Shrimati Purni Devi who were the daughters of the deceased were brought on the record as her legal representatives. The Additional District Judge accepted the appeal and decreed the suit of the plaintiff-appellants. M/s. Ladu Ram Gheru Lal, Gheru Lal and Kishan Lal defendants came up in Second Appeal to this Court which was dismissed in limine on May, (26), 1979.

(3.) The decree-holders after the decision of the appeal started execution of the decree against the judgment debtors. The present petitioners namely Pawan Kumar, Pardeep Kumar and Miss Manjoo filed objections against the execution of the decree on the ground that their father Om Parkash had died during the pendency of the appeal and the petitioners had not been brought on the record. Consequently it was alleged that the decree was a nullity and could not be executed. It was further stated that they were minors and were in possession of the shop. The application was contested by the decree holders, who pleaded that the decree was not a nullity as it was the duty of the legal representatives of the deceased to have filed the application for impleading them as parties in place of their father, They further pleaded that a Second Appeal was filed in the High Court by some of the judgment debtors which was dismissed in limine and consequently no prejudice can be said to have been caused to them.