JETHMAL SINGH Vs. RANJEET SINGH

JUDGEMENT

(1.) THIS is an application by the respondents of this appeal, and they pray that the appeal has abated as Dheersingh and Mangalsingh appellants died more than a year ago, and their legal representatives have not been brought on the record so far.

(2.) THE application is opposed on behalf of the appellants, and their case is that as the legal representatives of the deceased appellants were brought on the record in the lower Court, to which the suit has been remanded, they should be deemed to be on the record, and there was no necessity of any application in this Court by the appellants for bringing the legal representatives of these two deceased appellants' on the record. In the alternative, it is prayed that if this Court is of the view that an application should have been made in this Court, the delay that has taken place may be condoned under Section 5 of the Limitation Act, and the persons, who have been already brought on the record by the lower Court, may be brought on the record of the appeal as legal representatives of the deceased appellants.

(3.) THE facts, which are not in dispute, and which have led to this application, are these. The appeal has been pending in this Court since 1949. It came up for hearing in October, 1952. At that time two issues were framed by this Court, and the record sent down to the trial Court for findings on these issues. It was also ordered that after the findings on these issues were received, the appeal would be fixed for rehearing. It seems that while the record was in the trial Court, and evidence was being recorded on the two new issues, these two appellants died. Thereupon, the respondents themselves applied to that Court for bringing on record the legal representatives of the deceased appellants, namely Dheersingh and Mangalsingh. This application was within the time allowed by law, and their legal representatives were brought on the record.