MAQSOODA BEGUM Vs. SHAHNAWAZ KHAN

JUDGEMENT

(1.) This civil second appeal is directed against the judgment and decree passed by the 1st Addl. District Judge, Jammu, on 31/07/1985, dismissing the appeal filed by the appellants against the judgment of the trial Court.

(2.) One Abdul Gafoor Khan, husband of appellant No. 1 and father of appellants 2 and 3, instituted a suit for ejectment against Shahnawaz Khan, respondent No. 1. The suit was dismissed by the trial Court on 20-91977. An appeal against the same was preferred before learned District Judge, Jammu. During the pendency of the appeal. Abdul Gafoor Khan died on 1-2-1978. Respondent No.2, Hamida Begum, sister of Abdul Gafoor Khan (deceased) filed an application on 7-4-1978 i.e. within a period of 6 months seeking to be brought on record as a legal representative of the deceased Abdul Gafoor Khan. Subsequently, the appellants also made an application on 28-9-1978 seeking to be brought on record as his legal representatives. The application filed by the appellant was, however, filed beyond the statutory period of 6 months fixed by Art. 176 of the Limitation Act. The application was dismissed by the 1st Addl. District Judge, Jammu, holding the same to be barred by time having been filed beyond the statutory period of 6 months. The 1st Addl. District Judge did not dispose of the application filed by respondent No. 2, Hamida Begum, but in the course of judgment commented upon that application as follows :

(3.) The lower appellate Court thus found that since the sister is not a heir under the Mohammadan Law, the application filed by 'respondent No. 2, Hamida Begum was not competent and, therefore, the appellants not having filed any application for being brought on record as legal representatives, during the statutory period, could not maintain their application after the statutory period for filing the same was over.