LAWS(J&K)-1983-2-2

ANGREZ SINGH Vs. DINA NATH

Decided On February 28, 1983
ANGREZ SINGH Appellant
V/S
DINA NATH Respondents

JUDGEMENT

(1.) This order will dispose of an application filed by one of the defendants, namely, Shri Dina Nath with the prayer that the suit be dismissed as having abated.

(2.) Plaintiffs Angrez Singh and four others filed a suit under Section 92, C. P. C, for the removal of the defendants from trusteeship of Shri Vinaik Misser Dharamshalla, (hereinafter called the 'Trust') and for rendition of accounts by the trustees. The plaintiffs also prayed for the appointment of some other trustworthy persons as trustees in place of the defendants to manage the properties of the said trust. The defendants, Dina Nath and Nishi Kant were the two trustees.

(3.) According to Dina Nath defendant, Shri Angrez Singh plaintiff 1 died on 2112-1978, while Shri Nishi Kant defendant 2 died on 25-9-1980 and since no legal representatives had been brought on record for either Angrez Singh plaintiff or Nishi Kant defendant (deceased), the suit has abated, Mr. J. L. Sehgal, learned counsel for defendant Dina Nath, has argued that since the sanction accorded to the plaintiffs was indivisible, it was obligatory for all the plaintiffs to have continued with the proceedings and when one of the plaintiffs had died, if the other plaintiffs, wanted to carry on with the suit, they had to obtain fresh sanction and in the absence of fresh sanction, the suit could not proceed. It was also argued that the cause of action against both the defendants was one and indivisible and since one of the defendants had died, tbe suit could not proceed against the other defendant, Mr. Sehgal has relied upon Narain Lal v. Seth Sunderlal Tholia Jorhi, AIR 1967 SC 1540, in support of his submission that where one of the plaintiffs to whom sanction had been accorded along with some other persons for bringing a suit under Section 92, C. P. C. died, fresh sanction must be obtained by the survivors for continuing with the suit.