PARMESHRA SINGH Vs. PRITPAL SINGH

JUDGEMENT

(1.) This order will dispose of Civil Revision No. 1242 of 1978, Parmeshra Singh v. Pritpal Singh and another - filed by the defendant and Civil Revision No. 1011 of 1979 - Pritpal Singh v. Parmeshra Singh and another - filed by the plaintiff, as they arise out of the same suit and an order of the trial Court holding the suit having partially abated qua the share of Bhagwan Singh defendant, who died during the pendency of the suit and as his legal representatives were not brought on record within the period of limitation.

(2.) The defendant has come to this court in C.R. No. 1242 of 1978 against the order of the trial Court dated 25th of May, 1978, for getting a finding that there was total abatement and not partial as held by the trial Court. The plaintiff filed an appeal before the District Judge against the order of the trial Court whereby he held the suit to have abated partially qua the share of Bhagwan Singh defendant. The District Judge, by order dated 6th of March, 1979, dismissed the appeal, and maintained the order of the trial Court. Civil Revision No. 1011 of 1979, has been filed by the plaintiff in this court for a finding that there is no abatement.

(3.) After hearing the learned counsel for the parties, I am of the view that the Courts below are right in coming to the conclusion that there was partial abatement qua the share of Bhagwan Singh deceased. I further uphold the finding of the courts below that there was no sufficient cause for condonation of delay in not filing the application for setting aside the abatement within the period of limitation.