JAGDISH Vs. RAM KARAN

JUDGEMENT

(1.) This is a Regular Second Appeal under Section 100 of the Code of Civil Procedure (hereafter referred to as the Code) preferred by the appellant -defendant (hereafter referred to as the appellant) against the judgment and decree dated 14.3.2001 passed by the learned Additional District Judge, Solan, whereby he has dismissed the appeal preferred by the appellant against the judgment and decree dated 29.8.2000 passed by the learned Sub Judge 1st Class, Nalagarh, in Civil Suit No.60/1 of 1998.

(2.) During the pendency of the appeal, the appellant moved an application under Order 22 Rules 4 and 9 read with Section 151 of the Code for bringing on record the legal representatives of respondent No6 along with an application under Section 5 of the Limitation Act for condonation of delay in filing the said application. The respondents were afforded an opportunity to file reply to the application which they did not. What emerges from the uncontroversial averments in the aforesaid applications, duly supported by affidavits and Annexure A -1, is that Babu Ram, respondent No.6, died on 1.1.2001, when the first appeal preferred by the appellant against the judgment and decree of the trial Court was pending disposal in the Court of the learned Additional District Judge, Solan. Even otherwise, it is not disputed that Babu Ram died during the pendency of the first appeal in the Court of the learned Additional District Judge, Solan. Even otherwise, it is not disputed that Babu Ram had died during the pendency of the first appeal in the Court of the learned Additional District Judge, Solan. It is alleged that at the relevant time, the factum of the death of the deceased was not known to the appellant. It is admitted position that the legal representatives of the said deceased were not brought on record and the impurnged judgment and decree had been passed by the learned Additional District Judge in the aforesaid circumstances.

(3.) The learned counsel for the parties were heard in view of the aforesaid facts on the question regarding further course of action in the matter.