JAGAT NARAIN Vs. SITA RAM

JUDGEMENT

(1.) This application in revision and application in revision No. 4 of 1962 arise out of a common order made by the learned Senior Subordinate Judge Mahasu in civil suits Nos. 82/111/1 and 83/112/1 of 1959 and as a common question of law arises in both the applications I propose to dispose of them by this order.

(2.) The respondent Sita Ram had filed two suits; against Vidyadhar one of which No. 82/111/1 was for recovery of possession of a house and some land and the other was for recovery of damages. Vidyadhar died on 1-10-1960 drring the pendency of the aforesaid suits. An application was made by the respondent in both the cases to bring Smt. Kalawati, the widow of the deceased, on record as the legal representative of the deceased. On 14-11-1960 she made an application for getting the ex parte order made against her set aside and therein contended that the suits had abated inasmuch as Smt. Durga Devi, the mother of the deceased Vidyadhar, was alive and under the Hindu law was also an heir to his estate. The respondent thereafter made an application on 15-2-1960 for impleading the aforesaid Smt. Durga Devi also and alleged that the omission to bring her on record earlier was due to the fact that prior to the making of the application dated 15-2-1960 by Smt. Kalawati he was not aware that she was alive. That application was opposed on behalf of Smt. Kalawati. The learned Senior Subordinate Judge held that the mistake on the part of the respondent to apply for impleading Smt. Durga Devi within the prescribed period of limitation was a bona fide one and ordered that she be also brought on record as the legal representative of the deceased Vidyadhar. In suit No. 83/112/1, referred to above, it was also contended on behalf of Smt. Kalawati that the cause of action did not survive on the death of Vidyadhar and on that ground also the suit abated. The learned Senior Subordinate Judge, however, held that the cause of action did survive so far as the claim for recovery of a sum of Rs. 3,010/8/- was concerned. It is against the aforesaid orders that the present revision petitions are directed.

(3.) Smt. Durga Devi died during the pendency of this petition and is now represented by her legal representatives.