SURAT SINGH Vs. DHAJJU RAM

JUDGEMENT

(1.) RSA No. 301 of 2014 & CMP(M) No. 886 of 2014.

(2.) AGGRIEVED by the judgment and decree dated 30.4.2014 passed by learned Additional District Judge, Sirmaur district at Nahan in Civil Appeal No. 63 -N/13 of 2013, the appellants -plaintiffs in the trial Court have preferred the present appeal for quashing the same. Annexed to the memorandum of appeal is an application under Order 22 Rules 3 and 9 read with Section 151 of the Code of Civil Procedure and also under Section 5 of the Limitation Act [CMP(M) No. 886 of 2014, supra], filed for substitution of the legal representatives of deceased appellant -plaintiff, Smt. Ram Mati, on condonation of delay. Said Smt. Ram Mati has passed away on 20.11.2013, during the pendency of appeal in the lower appellate court. She is survived by S/Shri Randeep, Anil and Kamal Singh, on the basis of 'will', she allegedly executed in their favour.

(3.) WHETHER the appeal on her death stands abated for want of consequential steps by the defendants or her legal representatives or not, is a question to be gone into and determined by the lower appellate Court. No doubt, affidavit of one Anil Kumar, legal representative of appellant -plaintiff, Smt. Ram Mati has been filed along with this appeal. In support of the affidavit, a copy of the death certificate has also been filed on the record of this appeal. However, such material placed on record cannot be looked into by this Court and appellants/applicants should bring the same on the record of lower appellate Court to seek substitution of legal representatives of deceased appellant -plaintiff, Smt. Ram Mati.