BHONRI Vs. SHAMBHU NATH

JUDGEMENT

(1.) JUDGEMENT :- This is a defendant's second appeal against the judgement and decree passed by the Additional District Judge No. 2, Jaipur City, dismissing the appeal and confirming the judgement and decree passed by the Munsif Jaipur City (East).

(2.) It is not necessary to deal with the facts of the case except saying that the trial Court by its judgement dated 24-9-71 decreed the suit of the plaintiff Bholanath, for possession, demolition and perpetual injunction.

(3.) Bholanath expired on 5-10-71. The defendant, Pooranmal feeling himself aggrieved from the judgement of the trial court, preferred an appeal before the District Judge, Jaipur City, Jaipur, impleading Shambhunath, Laxmidevi, and Poonadevi; son, widow, and daughter, respectively of Bholanath (plaintiff) as respondents. The appeal was filed on 3-12-71. On 10-5-72, one of the respondents, Sambhunath, filed an application stating that all the legal representatives of Bholanath have not been brought on record, and Sitadevi, Deviprasad, Dhruvprasad and Tikku (sons and daughters) of pre-deceased daughter of Bholanath have not been brought on record within 90 days of death of Bholanath and, therefore, the appeal has abated as a whole, since the decree is for possession and is not indivisible. Copy of this application was received by the learned counsel far the defendant on 10-5-72 and the case was being adjourned for service on the other respondents.