VED PARKASH Vs. KAUSHAL DUTT

JUDGEMENT

(1.) CHALLENGE herein is to the judgment and decree dated 14.9.2012, passed by learned Additional District Judge, Sirmaur District at Nahan, in Civil Appeal No. 66-N/13 of 2010, whereby the judgment and decree passed by learned Civil Judge (Senior Division) Rajgarh Camp at Sarahan, in Civil Suit No. 294/1 of 2009/03, has been affirmed and the appeal dismissed.

(2.) PLAINTIFF is the appellant herein, whereas defendants and proforma defendants, the respondents. One of the defendants, namely Jagmohan Singh defendant No. 5 died on 6.8.2008 during the pendency of the suit in the trial Court, whereas defendant No. 2 Sahi Ram on 31.8.2012 and defendant No. 4 Jagat Ram on 21.7.2010, i.e., during the pendency of the appeal in the lower appellate Court. One of the defendants, i.e., Prem Dutt, however, passed away on 21.7.2013 during the pendency of the present appeal in this Court.

(3.) ALTHOUGH , the suit was not contested by deceased respondents-defendants Jagat Ram, Jagmohan Singh and Prem Dutt, therefore, their death during the pendency of the suit/appeal may not have far reaching consequences nor any impact on the merits of the case, yet respondent-defendant Sahi Ram has filed the written statement and contested the suit. He admittedly died during the pendency of the appeal in the lower appellate Court. What was the impact of his death in the appeal and whether the same had abated for want of consequential steps, is a question, which as per the law laid down, has to be decided by learned lower appellate Court. The question that deceased respondents-defendants Jagat Ram and Jagmohan Singh have not contested the suit, whether their names should be deleted or not, can also be gone into and decided by the lower appellate Court.