HARNAM SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) THIS is an appeal against the order dated 29.8.1987 passed by the Additional District Judge, Hoshiarpur whereby he rejected the application of the petitioner Shri Harnam Singh for setting aside the order of abatement dated 24.10.1986 passed in Civil Appeal No. 65 Addl. of 18.3.1986 titled Smt. Prago v. Malkiat Singh and also for bringing him on record as legal representative of Smt. Prago on the basis of a registered will dated 21.12.1983.

(2.) THE case set up by Shri Harnam Singh was that Civil Appeal No. 65/Addl : of 18.3.1986 titled Smt. Prago v. Malkiat Singh was pending for hearing before the Additional District Judge, Hoshiarpur. During the pendency of the appeal, Prago died on 26.5.1986 but nobody filed application for impleading as legal representatives of the deceased within the statutory period of 90 days. According to Harnam Singh, he is the legal representative of Smt. Prago on the basis of the registered will dated 21.12.1983 and as such he is entitled to the property left by Smt. Prago on the basis of the said will. The applicant is an old man and was not keeping good health and as such was confined to bed for a sufficient long period. He had no knowledge as to in which Court Smt. Prago had filed the appeal or who was her counsel. He had also no knowledge about the progress of the case, therefore, he could not file the application for impleading him as legal representative of Smt. Prago within the statutory period, therefore, he had sufficient and reasonable cause for not filing the said application. He came to know only when Malkiat Singh and his wife made known to other parties. The appeal filed by Prago had been dismissed and they planned to sell the property. He made efforts and came to know about the judgment and decree dated 24.10.1986. There was no negligence on his part in moving the present application. The property involved is worth lacs of rupees and in case the abatement order is not set aside and he is not brought on the record as legal representatives of Smt. Prago, a grave miscarriage of justice would be caused. It was pleaded by Shri Harnam Singh that the appeal was likely to succeed on the basis of the effective evidence. With this prayer Harnam Singh had stated that the order dated 24.10.1986 dismissing the appeal as having been abated may be set aside and he be brought on the record as the legal representative of Smt. Prago.

(3.) ON merits, the stand of Sh. Malkiat Singh was that the will dated 21.12.1983 was forged document and does not confer any right, title or interest on the applicant with regard to the estate of Smt. Prago. In fact, the answering respondents were the legal representatives of Smt. Prago. It was stated that Smt. Prago was not mentally competent and sound to execute the will. In fact, at the time when the appeal abated, the applicant was present in the Court. He was never confined to bed as alleged by him. He has given a false excuse of illness. According to the respondents, Smt. Prago died at Ganganagar (Rajasthan) and she never attended the Court personally and it was the applicant who had been pursuing the case on behalf of Smt. Prago and was attending the Court on each and every date of hearing. The applicant, Harnam Singh, had the full knowledge regarding the court in which the appeal was pending as also about the counsel and the particulars of the appeal. Other averments contained in the application were denied and finally it was prayed by the respondents that the application of Harnam Singh be dismissed.