ATMA RAM Vs. SEHDEV SINGH

JUDGEMENT

(1.) This is Defendants appeal against the judgment and decree, dated 1.8.2000, passed by the first appellate Court, that is, learned District Judge, Sirmaur District at Nahan, whereby, accepting the appeal, first appellate Court has set aside the judgment and decree of trial Court, dismissing the suit of Respondents-Plaintiffs and a decree of declaration, with consequential relief of permanent prohibitory injunction, has been passed against Appellants-Defendants and in favour of the Respondents-Plaintiffs.

(2.) Before deciding the main appeal, two CM Ps, i. e. CMP(M) Nos. 75 of 2009 and 76 of 2009, which are moved for substitution of two of the deceased Appellants, namely Atma Ram and Inder Singh, by their legal representatives, need to be decided. These two Appellants died long before the aforesaid CM Ps were moved for representation of their estate. Respondents object to the allowing of these applications, as according to them, no cause, much-less sufficient cause, has been shown for delay in making the applications.

(3.) There are several Appellants/Defendants. Their total number is 12. Only two of them, namely Atma Ram and Inder Singh, are stated to have died. Some of the Appellants are minors. Interest of the minors cannot be allowed to be adversely affected, on account of delay on the part of legal representatives of Appellants, Atma Ram and Inder Singh, to seek their substitution, as Appellants, in place of their deceased predecessors-in-interest. Moreover, when there are several Appellants, who are in a position to watch the interest of deceased Appellants, estate of deceased Appellants cannot be said to be unrepresented.