Gurdial Singh and others vs Ujagar Singh and others

Jaswant Singh, J.—CM No.1180-C/2012 seeking exemption from filing certified copies of Annexures A/1 and A/2 is allowed subject to all just exceptions.

CM No.1181-C/2012 has been filed under Order 22 Rules 2 and 3 read with Section 151 CPC for bringing on record the legal heir of appellant Gurdial Singh, who is stated to have died on 15.12.1991 after the admission of the present appeal on 17.7.1990. Copy of his death certificate is attached as Annexure A/1 with the application. The applicant-Mehar Singh son of Jeon Singh, resident of Village Alipur, Tehsil and District Mohali is claiming himself to be impleaded as legal heir of Gurdial Singh on the basis of a registered Will dated 26.10.1988 in his favour. Copy of the registered Will, Annexure A/2 is executed by said appellant no.1 Gurdial Singh @ Dayal Singh, who is stated to be unmarried and died issueless.

Notice of the application to counsel for respondents-defendants.

Mr. Vijay Sharma,Advocate who is present in Court has put in appearance on behalf of the respondents-defendants and has filed his vakalatnama. He states that he has no objection to the impleadment of said Mehar Singh as legal heir of Gurdial Singh @ Dayal Singh, appellant no.1.

In view of the contents of the application supported by the affidavit of applicant-Mehar Singh CM No.1181-C/2012 is allowed subject to all just exceptions and said Mehar Singh son of Jeon Singh is permitted to represent the estate of Gurdial Singh @ Dayal Singh for the purpose of present appeal.

Application stands disposed of.

CM No.1182-C/2012 for withdrawing the appeal has been filed by the impleaded legal heir of appellant no.1 Gurdial Singh @ Dayal Singh through the same learned counsel who filed the present appeal, on the ground that the parties have arrived at a compromise and therefore, the applicant-appellant does not wish to pursue this appeal.

It is apparent that appeallant Gurdial Singh and his brother Bakhtawar Singh had filed a suit for possession of the stated sites described in the head note of the plaint being the original proprietors of the village. The said suit was decreed vide judgement and decree dated 11.8.1983. Aggrieved against the same defendants (respondents herein) filed an appeal which was accepted on 9.12.1987 by the learned Additional District Judge, Ropar whereby the judgement and decree dated 11.8.1983 was set aside and the suit was dismissed. It is further apparent that the defendants had filed an appeal before the learned lower court against plaintiff Gurdial Singh and his brother Bakhtawar Singh. However, since Bakhtawar Singh had died, he was impleaded through his brother-plaintiff no.1 Gurdial Singh @ Dayal Singh. Aggrieved against the judgement and decree of reversal dated 9.12.1987 Gurdial Singh @ Dayal Singh plaintiff and his brother Bakhtawar Singh through plaintiff no.1 Gurdial Singh @ Dayal Singh had filed the present appeal which was admitted on 17.7.1999. Since both the plaintiffs are since deceased and the legal heir of Gurdial Singh @ Dayal Singh does not wish to pursue this second appeal, the court has no option but to allow the prayer made for dismissal of the appeal as withdrawn.

Accordingly, CM No.1182-C/2012 is allowed and RSA No.941 of 1989 is dismissed as withdrawn.