KAMLESH KUMAR Vs. TOSHINDER KUMAR

JUDGEMENT

(1.) BY means of this petition the petitioner has challenged the order dated 11.06.2008 passed by the learned Civil Judge (Senior Division), Kangra, whereby the suit of the plaintiff has been dismissed qua the legal representatives of defendant No. 2 Pushpender Kumar.

(2.) BRIEFLY stated the facts of the case are that the plaintiff filed a suit for permanent prohibitory injunction as well as for mandatory injunction against the defendants claiming himself to be in possession of the suit property. One of the defendants in the suit was Shri Pushpender Kumar. Bimla Devi was defendant No. 4 in the suit. She expired during the proceedings 2 and her legal representatives were brought on record. One of the legal representatives brought on record was one Kamal Nain. On 21st February, 2008 when the statement of Shri Kamal Nain was being recorded in Court he stated that Pushpender Kumar had died at Delhi. Thereafter, the matter was adjourned and the plaintiff was directed to take steps to bring on record the legal representatives of Shri Pushepnder Kumar.

(3.) KAMAL Nain admittedly did not produced the death certificate of Pushpender Kumar. Thereafter the case was adjourned on a number of times and counsel for Pushpender Kumar was directed to either file the death certificate of his client or to make a clear cut statement whether his client was dead or not. Finally on 3.6.2008 the learned trial Court passed the following order: