DEWAN DEWAKAR RAI Vs. AJIT SINGH

JUDGEMENT

(1.) Instant revision petition is directed against order dated 01.10.2011 (for short the impugned order) passed by the court of Munsiff, Kathua, (for short the trial court), in terms whereof the suit of the plaintiffs/petitioners herein is held to have abated.

(2.) A suit is stated to have been instituted by the petitioners herein against the respondents herein in the court of Munsiff Kathua, in the year 1993. Defendant No. 1/respondent No. 1 herein in the written statement on 06.06.2005 filed before the trial court is stated to have pleaded that the defendant No. 3 namely Ranjit Kour had expired. Upon getting the aforesaid knowledge about the death of Ranjit Kour petitioner herein is stated to have filed an application on 16.11.2005 supported with affidavit under Section 5 of the Limitation Act, for bringing on record the legal heirs of the said deceased. The deceased Ranjit Kour is stated to have been proceeded ex-parte in the suit on 03.03.1994. The legal heirs of the said deceased are stated to have filed objections to the said application wherein the said legal heirs are stated to have pleaded that Ranjit Kour died somewhere in April 1999.

(3.) The trial court is stated to have considered the application for bringing on record the legal heirs and vide impugned order held that the suit is abated against the original defendants 1 to 3.