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1985 Supreme(P&H) 228

J.V.GUPTA
Lal Singh – Appellant
Versus
Gurnam Singh – Respondent


Judgment

1. This order will dispose of F. A. Os. Nos. 965, 966 and 967 of 1984, as the question involved is common in all the cases.

2. Pala Singh son of Kishan Singh, filed three appeals against the judgment and decree of the trial Court passed against him. During the pendency of the appeals, he died on Sept. 27, 1983. Applications, dt. Mar. 9, 1984, were filed on behalf of Lal Singh, his son, for bringing on record his legal representatives. The applications were contested on behalf of the respondents. The Additional District Judge (I), Bhatinda, dismissed the said applications with the following observations:

"The learned counsel for the appellant on having been confronted with such unassailable document (death certificate showing Pala Singh having died on Sept. 27,1983) could not and did not urge any meaningful argument for controverting the date of death of Pala Singh mentioned in this death certificate."

As a result, the three appeals were dismissed as having abated.

3 Admittedly, Pala Singh died on Sept. 27,1983, as per the death certificate produced by the respondents themselves. Of course, the applications were filed after the appeals had abated. Under the circumstances, th




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