Full Text
Translation output
A-13to15 7
% 05.09.2011
Present: Mr.R.D. Chauhan, Advocate for the petitioner.
Mr.Anil RAna, Advocate for the respondents.
+CM (M) Nos.815/2009, 818/2009 & 870/2009
*
The order impugned before this Court is the order dated
01.05.2009 vide which the application filed by the legal representatives of the deceased plaintiff under Order 22 Rule 3 of the Code of the Civil Procedure (hereinafter referred to as the
'Code') had been dismissed; the Court was of the view that no right to sue survives in favour of the legal representatives; suit has abated and was accordingly consigned to the record room.
The plaintiff Rajinder Nath Puri in his life time had filed three suits which were suits for possession, damages, mesne profits and permanent injunction against his two sOfls; deceased Rajinder Nath
Puri had four children; the eldest son Kamal Puri as noted supra had predeceased him; present application under Order 22 Rule 3 of the Code has been filed by his widowed daughter in law and her children; they had relied upon a Will dated 17.09.2004; that Will has since been probated in favour of the said legal heirs namely
Neelam Puri widow of Kamal Puri and her two sons; this was in a petition under Section 278 of the Indian Succession Act seeking issuance of Letters of Administration qua the said Will dated
17.09.2004 of deceased Rajinder Nath Pun. Order on this petition
2011:DHC:7166 had been passed on 29.03.2011 in favour of the said petitioners.
In view of this subsequent event, the impugned order dated
01.05.2009 is liable to be recalled. Order is accordingly recalled.
The petitioners Neelam Pun, Sanjay Puri and Ajay Puri are substituted as legal representatives of deceased Rajinder Nath
Pun; impugned order holding that the suits have abated is accordingly set aside; suit is restored to its original number; copy of this order be sent to the Trial Court; parties to appear before the
•
Trial Court on 12.09.2011 at 10:30 AM who shall now proceed to deal with the suits on their merits.
Petitions are disposed of in the above terms.
INDERMEET KAUR, J.
SEPTEMBER 05, 2011 a b
2011:DHC:7166
% 05.09.2011
Present: Mr.R.D. Chauhan, Advocate for the petitioner.
Mr.Anil RAna, Advocate for the respondents.
+CM (M) Nos.815/2009, 818/2009 & 870/2009
*
The order impugned before this Court is the order dated
01.05.2009 vide which the application filed by the legal representatives of the deceased plaintiff under Order 22 Rule 3 of the Code of the Civil Procedure (hereinafter referred to as the
'Code') had been dismissed; the Court was of the view that no right to sue survives in favour of the legal representatives; suit has abated and was accordingly consigned to the record room.
The plaintiff Rajinder Nath Puri in his life time had filed three suits which were suits for possession, damages, mesne profits and permanent injunction against his two sOfls; deceased Rajinder Nath
Puri had four children; the eldest son Kamal Puri as noted supra had predeceased him; present application under Order 22 Rule 3 of the Code has been filed by his widowed daughter in law and her children; they had relied upon a Will dated 17.09.2004; that Will has since been probated in favour of the said legal heirs namely
Neelam Puri widow of Kamal Puri and her two sons; this was in a petition under Section 278 of the Indian Succession Act seeking issuance of Letters of Administration qua the said Will dated
17.09.2004 of deceased Rajinder Nath Pun. Order on this petition
2011:DHC:7166 had been passed on 29.03.2011 in favour of the said petitioners.
In view of this subsequent event, the impugned order dated
01.05.2009 is liable to be recalled. Order is accordingly recalled.
The petitioners Neelam Pun, Sanjay Puri and Ajay Puri are substituted as legal representatives of deceased Rajinder Nath
Pun; impugned order holding that the suits have abated is accordingly set aside; suit is restored to its original number; copy of this order be sent to the Trial Court; parties to appear before the
•
Trial Court on 12.09.2011 at 10:30 AM who shall now proceed to deal with the suits on their merits.
Petitions are disposed of in the above terms.
INDERMEET KAUR, J.
SEPTEMBER 05, 2011 a b
2011:DHC:7166
JUDGMENT