SHARVAN LAL AND OTHERS Vs. BUNDU KHAN

JUDGEMENT

(1.) This civil misc. appeal arises from the judgment dated Feb.8,1995 passed by the Additional District Judge (Special Judge Dacoity Affected Area) Karauli Against the Order dated 8.2.1995 of Shri S.C. Gupta, Additional District Judge (Special Judge Dacoity Affected Area) Karauli. whereby the appeal of respondent Bundu Khan preferred against the judgment and decree dated Oct. 22, 1993 of Additional Munsif Karauli was allowed and the case was remitted to the trial court for deciding the question pertaining the abatement of suit in respect of death of Smt. Geeta Devi. BACK GROUND FACTS:

(2.) The facts of the case lie in a short compass. The plaintiff appellants (for short the plaintiff) along with Smt. Geeta Devi (since deceased) instituted a suit for declaration and ejectment against the defendant respondent (for short the defendant) in the trial court with regard to shop in dispute. The ejectment was prayed on the ground of denial of title and default in making payment of' rent. The declaration sought was that collusive sale-deed dated April 15, 1955 be declared as null and void. The suit was decreed vide judgment and decree dated Oct. 12, 1993. The defendant preferred appeal. During the pendency of the appeal an application was filed by the defendant on Nov. 3, 1993 stating therein that Smt. Geeta Devi expired and this fact came to the knowledge of the defendant on Nov. 1, 1993. It was prayed that Brij Mohan Sharma, the husband of Smt. Geeta Devi be taken or record tin the capacity of her legal representative. An application was also moved by the husband, sons and daughter of Smt. Geeta Devi on Nov. 6, 1993 and the appellate court deleted the name of Snit. Geeta and substituted Shri Brij Mohan, Hamendra, Sandeep and Girija as legal representative of her. Amended cause title of the appeal was also filed on Nov. 16, 1993.

(3.) The defendant on Nov. 16, 1993 moved another application to the effect that on snaking enquiry he came to know that Stilt. Geeta Devi died on Nov. 4, 1990 i.e. during the pendency of the suit. Along with the application her death certificate was also filed. It was prayed that since, during the pendency of the suit, legal representatives of Smt. Geeta Devi were not brought on record, the suit had abates and the judgment and decree of the trial court deserve to be set aside.