Ram Ballabh and Others vs Mussadi Lal and Others

D.V. Sehgal, J.—This appeal is directed against the judgment and decree dated 22-12-1986 of the learned Additional Sessions Judge, Narnaul whereby he dismissed the appeal filed by the Appellants against the judgment and decree dated 6-6-1983 passed by the learned Subordinate Judge Ist Class, Namaul. One of the Appellants before the lower appellate Court, namely Ram Saran died on 12-1-1985, pending the appeal. His legal representatives were not brought on record till 25-8-1986 when an application was filed on behalf of the heirs of the deceased to be brought on record as his legal representatives. This application has been dismissed by the learned Additional District Judge on the ground that if is highly belated and then holding that the decree was indivisible and the remaining Appellants could not prosecute the appeal, dismissing the same as having abated.

I have heard the learned Counsel for the parties and find that the learned Additional District Judge wrongly dismissed the application of the heirs of Ram Saran deceased for being brought on record as his legal representatives. They have specifically stated that they were not pursuing the appeal. They had, in fact, shifted to a village other than that where the remaining Appellants reside. It is, as such, clear that they could not have got knowledge of the pendency of this appeal. Ignorance of the same on their part is bona fide, and delay in filing the appeal ought to have been condoned by compensating the Respondent by imposing some costs on the legal representatives of the deceased, as held in Ram Sumiran and Others Vs. D.D.C. and Others, .

In the result, I allow this appeal and set aside the judgment and decree of the learned Additional District Judge, I also allow the application filed by the legal representatives of Ram Saran deceased-Respondent and they are brought on record, on payment of Rs. 200/- as costs. As such, the learned lower appellate Court shall now proceed to decide the appeal on merits.

The parties through their counsel are directed to appear before him on the 23rd day of February, 1937.