(1.) This revision petition has been filed against the order dated 7.2.2005 passed by the trial Court holding that the legal heirs of the plaintiff had no right to continue with the suit as the right to sue did not survive to them with the death of the plaintiff. Resultantly, the suit was dismissed as having abated. Aggrieved against the same, the legal heirs of Jagjit Singh, plaintiff filed the present revision petition in this Court.
(2.) After hearing the learned Counsel for both the parties and perusing the record, in my opinion, the present revision petition must be allowed and the order dated 7.2.2005 passed by the trial Court must be set aside.
(3.) Jagjit Singh plaintiff had filed a suit for declaration against the defendants to the effect that the suit property was jointly owned by the plaintiff along with Anil Kumar and Iqwal Singh defendants in equal shares being Joint Hindu coparcenary property and the alleged sale deed and its recital as well as delivery of exclusive possession got executed by defendants No. 1 and 2, namely, Chander Mohan and Narinder Mohan in their favour from defendants No. 3 to 6 through their Mukhtiar Sh. S.H.S. Bhulli on 16.11.1999 in respect of l/5th share was illegal and void being without legal necessity etc. with consequential relief of permanent injunction restraining the defendants No. 1 and 2 from interfering in the peaceful possession of the plaintiff and/or taking exclusive possession. In the alternative, Jagjit Singh plaintiff sought a decree for possession in respect of l/5th share in the suit land on payment of Rs. 25,000/ - by way of pre -emption as provided under Section 22 of the Hindu Succession Act, 1956. The suit was contested by defendants No. 1 and 2. The plaintiff expired and his legal heirs filed an application under Order 22 Rule 3 CPC for bringing them on record being the legal representatives of Jagjit Singh deceased. The said application was contested by defendants No. 1 and 2. After hearing both the sides and perusing the record, the learned trial Court held that the applicants had no right to continue with the suit and me right to sue did not survive to them on the death of the plaintiff. It was further held that the suit filed by the plaintiff was not even maintainable in view of the provisions of Section 22 of the Hindu Succession Act. Accordingly, the application under Order 22 Rule 3 CPC was disposed of with the finding that the suit stood abated, vide order dated 7.2.2005. Aggrieved against the same the legal representatives of Jagjit Singh plaintiff filed the present revision petition in this Court.