Judgment

Mr. Sanjay Vashisth, J.

Present revision petition is directed against the order dated 15.11.2017, passed by the Court of Civil Judge (Jr. Divn.), Ludhiana, whereby, suit qua defendant No.1 – Sarwan Singh (now deceased), has been dismissed on account of non-impleadment of legal representative(s) of defendant No.1.

2. Petitioners (hereinafter referred to as ‘plaintiffs’) instituted a suit for possession as owner by way of specific performance of the agreement to sell dated 06.08.1990, in respect of a plot measuring 600 sq. yards, comprised in Khasra No.890/2 as per Jamabandi for the year 2009-10, situated at Mundian Kalan and now known as Jeewan Nagar, Street No.21, Phase-III, Focal Point, Tehsil and District Ludhiana.

3. Said suit was instituted against (i) Sarwan Singh; (ii) Harjinder Singh, both sons of Gurnam Singh, resident of Mundian Kalan, Tehsil and District Ludhiana; and (iii) Kamal Parkash s/o Sardar Singh. Thus, defendants No.1 & 2 are the real brothers and residents of the same village.

4. During the pendency of suit, defendant No.1 – Sarwan Singh died on 15.01.2016, but no application by anyone had been moved for bringing on record the legal representatives (in shor