KONDIBA GANOJI Vs. MOTI RAM GANOJI

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Munsiff at Nanded dated 1 -6 -1951, by which he has allowed the Plaintiff's petition for setting aside the order of abatement and bringing the legal representatives of Defendant 1, Ganoji, on record.

(2.) THE brief facts of the case are that Ganoji is said to have died during the abnormal conditions prevailing before the Police Action and it is alleged that the Razakars murdered him in some jungle. After the Police Action it was found that the files were in pell mell condition. When normal conditions were restored, the Munsiff took the file on hand and issued notices to the parties and their lawyers. The lawyer for Defendant 1 stated that his client is not making any appearance & did not come to him for giving instructions and that he does not know what has happened to him. Afterwards on 18th Amardad 1358F the said lawyer stated that his client died more than 8 months ago. The lawyer for the Plaintiff, enquired into these facts. It is stated before us that it was not possible for the Plaintiff to actually find out and satisfy himself whether the said Defendant is dead. Therefore, on 10th Azur 1359F a petition was presented to the lower Court, stating that Defendant 1 is either dead or cannot be found or traced, and therefore, in view of the statement of the lawyer for the said Defendant, he had put in a petition, making the heirs of the deceased as his legal representatives. A plea of limitation was raised before the lower Court, which was disallowed. Hence this revision petition.