DINESH CHANDRA, S/O MANGI LAL JI BRAHMAN, AGED ABOUT 44 YEARS Vs. JAMNA LAL S/O EKLING JI LAD (BRAHMAN), R/O

JUDGEMENT

(1.) This petition is directed against order dated 3.5.16 of the Civil Judge, Relmagra in Civil Suit No. 1/11, whereby an application preferred by the petitioners-defendants, seeking abatement of the suit as a whole on account of death of one of three plaintiffs, stands rejected.

(2.) The relevant facts are that the plaintiffs, Shankar Lal, Jamna Lal and Bheru Lal, occupying three different portions of a Nohra situated at Village-Gilund preferred a suit seeking permanent injunction inter alia against the petitioners-defendants in terms that they may not demolish the main gate of the Nohra. The suit is being contested by the petitioners-defendants by filing a written statement thereto. During the pendency of the suit, plaintiff no.1-Shankar Lal expired, however, no application was made for substitution of his legal representatives. The petitioners-defendants preferred an application seeking abatement of the suit as a whole stating that the interest of the plaintiff is common and the decree to be passed in the suit shall be a joint and inseverable and therefore, the surviving plaintiffs cannot prosecute the suit against the defendants.

(3.) The application stands rejected by the trial court observing that the plaintiffs are occupying three different portions in the disputed Nohra and they have approached the court for enforcement of their individual rights but since the cause of action is common, a joint suit has been filed and thus, on account of death of one of the plaintiffs, the suit shall not stand abated as a whole. Hence, this petition.