BIBI ASMA SHAH Vs. SNRESH PRASAD

JUDGEMENT

(1.) The sole question that falls for decision in this case is as to whether the trial Court committed any error of jurisdiction in allowing addition of the heirs and legal representatives of one Syed Hussain Ahmad the sole defendant, against whom the title suit in question was instituted, who as transpired later on, was already dead on the date of the institution of the suit, i. e. on 25.11.1969.

(2.) It appears that the plaintiff on becoming aware of the fact of the death of the said defendant, made an application on 5.6.1970 for expunging his name and adding his heirs and legal representatives, namely, the petitioner (a daughter), his widow and a son. It is not disputed that on that date, i. e., 5.6.1970, the cause of action for the suit in question against the added legal representatives of the deceased of the original defendant was not barred by limitation.

(3.) Much thereafter, an application was filed on 6.1.1977, on behalf of the defendants that the original suit having been instituted against a dead person, the suit was a nullity and the order of substitution passed by the court was with- out jurisdiction. The learned Munsif has overruled the objection and accordingly the petitioner being one of the added defendants has come to this Court.