GULAM NABI KUMAR Vs. MOHD AKBAR TELI

JUDGEMENT

(1.) PETITIONERS -Plaintiffs application seeking impleadment of legal heirs of Ali Mohammad Teli, defendant No.2 in their suit claiming ownership rights over land measuring 3 kanals 17 marlas falling under survey No.258 Khewat No.22 Min situated at Village Batapora, Ganderbal, was dismissed by Munsiff Ganderbal vide order of March 07, 2006, on the ground that, suit against Ali Mohammad Teli, having abated in view of his death before the filing of the suit and the abatement having not been set -aside within the period of limitation prescribed therefor, impleadment of the legal heirs of Ali Mohammad Teli, as party defendants was impermissible.

(2.) APPEARING for the revisionists, their learned counsel submits that the trial court has erred in rejecting petitioners application seeking impleadment of Ali Mohammad Telis legal representatives as party defendants by applying the provisions of Order 22 code of Civil Procedure which had absolutely no application to the petitioners application which warranted consideration under the provisions of Order 1 Rule 10 of the Code of Civil Procedure.

(3.) PER contra, referring to Ali Mohammad Khan versus Vijay Tulsi reported as AIR 1986, Jammu and Kashmir, 26, Mr. H. Furrahi submitted that in view of the law laid down by this court, learned Munsiffs order was perfectly justified and the petitioners were disentitled to seek impleadment of the legal heirs of Ali Mohammad Teli against whom their suit stood abated.