PARMODH RAM Vs. RAJINDER PARSHAD

JUDGEMENT

(1.) This revision petition has been filed by the legal representatives of Nand Lal plaintiff against the orders passed by the Courts below whereby the learned trial Court had ordered the dismissal of the suit as having abated and the appeal filed by the legal representative of the plaintiff was dismissed by the learned Addl. District Judge.

(2.) The facts, which are relevant for the decision of the present revision petition, are that Nand Lal plaintiff had filed a suit for declaration etc. against the defendants, who were 31 in number. There are two written statements on the record. One written statement was filed on behalf of defendant No. 1 while the other written statement was filed on behalf of defendants No. 2, 17 and 31. The legal representatives of defendant No. 26 were also represented by a counsel, though no written statement appears to have been filed either by defendant No. 26 or by his legal representatives. The other defendants were proceeded against ex parte. After hearing both sides, the learned trial Court partly decreed the suit of the plaintiff for possession in respect of the suit land in favour of the plaintiff. However, with respect to the other prayer for declaration etc., the suit was dismissed, vide judgment and decree dated 30-11-1994. Aggrieved against the same, defendant No. 1 Rajinder Parshad filed an appeal. The learned District Judge vide order dated 26-6-1998 accepted the appeal filed by defendant No. 1, set aside the judgment and decree of the trial Court and remanded the case to the trial Court for fresh decision in accordance with law, holding as under :

(3.) In pursuance of the aforesaid order dated 26-6-1998 passed by the learned District Judge, the file was again taken up by the learned trial Court. During the pendency of the suit, it came to the notice of the trial Court that defendants Nos. 10, 11. 14 and 26(c) had died during the pendency of the suit. An application under Order 22, Rules 1 and 4 read with Section 151, CPC was filed by the legal representatives of Nand Lal Plaintiff on 15-12-1999 for setting aside the abatement on account of death of defendants Savitri, Tulsi Ram, Salo, Raghbir Bass, Smt. Morni, Dwarka Dass and Kishori Lal. After hearing both sides and perusing the record, the learned trial Court dismissed the said application and also dismissed the suit as having abated as a whole, vide order dated 16-12-1999. Aggrieved against the same, the legal representatives of Nand Lal plaintiff filed an appeal. The learned Addl. District Judge after hearing both sides and perusing the record dismissed the said appeal, vide order dated 28-6-2002. Aggrieved against the same, the legal representatives of Nand Lal plaintiff filed the present revision petition in this Court.