ABDUL RASHID Vs. LRS OF RASOOL KHAN

JUDGEMENT

(1.) This writ petition has been preferred with the following prayers:

(2.) The suit filed by the petitioner was for declaration and partition of the particular property. The defendant had filed the written statement. The issues were framed, however, an application under Order 22 Rule 4 of the petitioner was moved along with an application under Section 5 of the Limitation Act to bring the legal representatives of deceased Rasool Khan on record. The application has been dismissed.

(3.) Learned counsel for the petitioner states that mere technicalities cannot become a ground for dismissal of the suit and if legal representatives are there then the suit ought to have been decided on merits.