Gurdial Singh vs Amritsar Improvement Trust

T.H.B. Chalapathi, J.—These applications are for setting aside the abatement and for condonation of delay and to bring on record the legal

representatives of the deceased appellants 2 and 3. The appellant filed a suit for specific performance restraining the Amritsar Improvement Trust

from dispossessing them from Plot No. 47. According to the defendants the said plot had been allotted to their father Nand Singh. That suit has

been dismissed by both the Courts below. The appellant filed this appeal. During the pendency of the appeal, the first appellant died and his legal

representatives were brought on record within time. Thereafter, the appellants 2 and 3 died in the year 1986 and 1988. These applications have

been filed in the year 1997 and are opposed by the learned counsel for the respondents stating that the applications have been filed after more than

10 years, after the death of the appellants 2 and 3 and that the delay has not been explained and the appeal stands abated and, therefore, these

applications are liable to be dismissed.

On the facts of the case, I am of the opinion that there is no abatement. The plaintiffs are seeking the suit property through their father Nand

Singh. The legal representatives of Gurdial Singh, the first appellant were already brought on record. The fourth appellant is the son of the appellant

No. 1. Thus the state has been properly represented. When the right to sue survives to the surviving appellants, there is no question of abatement

of the appeal. Therefore, I am of the opinion that application for setting aside the application of the abatement is unnecessary. The applicants who

are the legal representatives of appellant Nos. 2 and 3 are claiming the property by devolution through their father. In such a case provisions of

Order 22 Rule 10 are attracted and they can be brought on record at any time. In these circumstances, I direct that the legal representatives of

deceased appellants 2 and 3 be brought on record as appellants in this appeal.

This appeal is of the year 1981. It is pending for the last 12 years. I, therefore, direct the Registry to list the appeal for final hearing on

10.3.1998.