HABIB CHANGA Vs. FAZI

JUDGEMENT

(1.) In a suit for partition pending since 1974 in the court of learned Sub-Judge Sopore one of the plaintiffs namely Ramzan Changa died during pendency of the suit (deceased hereinafter). More than two and a half decades have elapsed yet it is to reach its logical end. The intervening events which have caused delay in disposal of the suit being irrelevant for disposal of this revision petition can be conveniently skipped over.

(2.) The short controversy owes its origin to an application of the defendants-respondents seeking dismissal of the suit on the plea of abatement alleged to have emanated from omission ofthe plaintiffs petitioners to implead one Khaliq Seeru alleged Parvardah (adopted son) of the deceased. The court taking cognizance of the application framed the following issues :

(3.) A plain reading of the Rule requires a surviving plaintiff to cause the legal representative of the deceased plaintiff to be made a party to the suit and failure to adhere to the mandate of the said Rule renders the suit liable to abate so far as plaintiff - deceased is concerned. Whether Khaliq Seeru is a legal representative of the deceased needs to be considered in the light of the legislative enactment namely the Sri Pratap Jammu and Kashmir Law Consolidation Act, 1977 and the relevant provision being 4(1)(d) is extractedfor facility of reference :