MADAN SINGH Vs. RATTAN SINGH

JUDGEMENT

(1.) FACTS , which are not in dispute, may be briefly stated:

(2.) PETITIONER , (hereinafter referred to as the Plaintiff) filed a suit against his father (since dead), who was arrayed as defendant no. 1 as well as against his brother Rattan Singh, respondent herein, who was arrayed as defendant no. 2. This suit was filed for partition of improvable property before the trial court. Preliminary decree came to be passed by the trial court on 23.9.1982. Parties are not further at variance that local Commissioner for effecting partition by meters and bound was appointed by the trial court, who submitted his report, which has been objected to by both the parties.

(3.) ON 4.8.1992 defendant no. 1 Sansar Singh dies, when the matter relating to passing of final decree was pending before the trial court. At this stage, an application came to be filed on behalf of the plaintiff, wherein it was prayed that death of defendant no. 1 may kindly be taken note of, the plaintiff and defendant no. 2 are legal representatives of said deceased defendant, as such appropriate orders for partition of the property, were sought in accordance to the will executed by defendant no.1 (Emphasis supplied).