DEWANA Vs. GIAN CHAND MALHOTRA

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 12.01.2011, passed by the learned District Judge, Kullu, H.P. in Civil Appeal No. 84 of 1998/35 of 2010. Material facts necessary for the adjudication of this Regular Second Appeal are that the respondents-plaintiffs (hereinafter referred to as "the plaintiffs" for convenience sake), had instituted a suit for permanent prohibitory injunction in the Court of learned Senior Sub Judge, Lahaul & Spiti at Kullu, Exercising the Powers of Sub Judge, Ist Class, Kullu. Learned Senior Sub Judge, Lahaul & Spiti at Kullu dismissed the suit on 03.08.1998. Plaintiff preferred an appeal before the learned District Judge, Kullu. The same was accepted by the learned District Judge, Kullu and the findings of the learned trial Court were reversed. The decree of permanent prohibitory injunction was passed against the appellants-defendants (hereinafter referred to as "the defendants" for brevity sake) restraining them, their successor, agents and servants from interfering in the peaceful possession of the plaintiffs over the suit land in any manner. Hence, this Regular Second Appeal by the defendants.

(2.) The appellants-defendants moved an application bearing C.M.P. (M) No. 586 of 2011 for bringing on record the L.Rs./legal representatives of respondent No. 5, Suraj Prakash, who has died on 26th January, 1995 during the pendency of case before the trial Court.

(3.) Mr. Ajay Kumar, learned Counsel for the appellants has vehemently argued that the judgments and decrees passed by both the Courts below against a dead person are nullity.