Devinder Singh vs Hervinder Singh and Others

Ajay Tewari, J.—This petition has been filed against the order dated 29.10.2009 whereby the application of the petitioner for impleading him as a legal representative in place of his deceased father was rejected. It was held that all the legal representatives should be impleaded. The petitioner''s father had filed a suit for injunction against the respondent No. 1 who was his elder son claiming that he was in settled possession of his property and his elder son be restrained from interfering in his possession. Thereafter, the father of the petitioner passed away.

Once the person claiming a personal right of possession passes away, in my considered opinion, the right to sue can not survive in the circumstances of the present case and in fact the suit itself would abate. In fact at one stage learned counsel for the petitioner had sought time to take instructions whether the petitioner would like to file a fresh suit in his own right but today he states that he has not been able to get instructions in this regard. Any such suit which the petitioner may file in his own right would obviously be maintainable. In conclusion this revision petition is dismissed and the suit filed by the father of the petitioner is held abated.