LRS OF TULSI RAM Vs. PARMESHWAR LAL

JUDGEMENT

(1.) The legal representatives of deceased petitioner have filed the present application under Order XXII Rule 3 of the Code of Civil Procedure, inter alia stating that the petitioner has passed away on 12.01.2019 and right to sue and to prosecute the present writ petition survives in them. For the reasons stated in the application, the same is allowed. The applicants are substituted in place of the present petitioner. Amended cause title filed along with the application is taken on record.

(2.) The writ petition is taken up for consideration. This writ petition is directed against order dated 21.11.2017, passed by the Additional District and Sessions Judge, Churu (hereinafter referred to as 'the Trial Court'), vide which the application under Order VIII Rule 1A(3) of the Code of Civil Procedure, filed by the defendant-respondent has been allowed.

(3.) The facts appertain to the present writ petition are that Tulsi Ram-plaintiff (propositus of petitioner herein) filed a suit on 28.04.1986, for cancellation of sale-deed, asserting his right of pre emption.