HARBANS LAL GUPTA Vs. SAIN DASS

JUDGEMENT

(1.) This is an application for bringing the legal representatives of respondent Sain Dass on record.

(2.) Objections have been filed against the application, wherein it is contended that the respondent Sain Dass has died on 12/08/1987 whereas this application has been filed on 18/02/1988, after the expiry of prescribed period of limitation of six months, as provided u/S. 176 of the Limitation Act and, as such, the application was not maintainable.

(3.) Before adverting to the plea of limitation raised by the respondents, it would be appropriate to briefly sum up the facts giving rise to revision petition No. 16 of 1987 in which the present CMP has been filed. The record reveals that one Bahadur Chand was an appellant in civil appeal pending disposal in the court of District Judge, Jammu and after his death the present petitioner Harbans Lal filed an application for being brought on record as legal representative of deceased Bahadur Chand on the basis of a Will. After examining the validity of the Will, the learned District Judge, Jammu vide his order dated 29/12/1986 held that the will in question was not a valid document and, as such, the present petitioner Harbans Lal could not be brought on record as legal representative of the deceased Bahadur Chand (appellant).