SAHDEV AND ANOTHER Vs. DALVINDER SINGH AND ANOTHER

JUDGEMENT

(1.) This writ petition under Art. 226 and 227 of the Constitution of India is directed against order dated 26.04.2014 passed by the trial court, whereby, the application filed by the petitioners purportedly under Order 14, Rule 5 Code of Civil Procedure has been rejected.

(2.) A suit was filed by the respondents seeking specific performance of contract by impleading Smt. Jaidai, Kewal Singh and alleged subsequent purchasers Sahdev and Shailendra; during pendency of the suit Smt. Jaidai died and an application was filed by the plaintiffs under Order 22, Rule 3 CPC, inter alia, indicating that as the defendant No. 1 - Smt. Jaidai has expired, an endorsement in this regard be made against her name, as she is not survived by any legal representatives; the application was allowed by order dated 01.08.2013.

(3.) Whereafter, the present application was filed by the petitioners - purchasers, inter alia, seeking framing of two additional issues regarding effect of death of Smt. Jaidai and the status of defendant No. 2, the power of attorney holder of Smt. Jaidai.