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2023 Supreme(P&H) 1753

SANJAY VASHISTH
Gurmeet Singh – Appellant
Versus
Harjinder Singh – Respondent


Advocates appeared:
For the Parties : Mr. Vaibhav Sehgal, Mr. Abdul Shehbaz Thind

Table of Content
1. background facts of the case (Para 1 , 2 , 3)
2. issues relating to the non-impleadment of legal representatives (Para 4 , 5 , 9 , 10)
3. analysis of order xxii rule 4 and amendments (Para 15 , 17 , 18)
4. court's interpretation and ruling on the case (Para 19 , 27 , 29)
5. conclusion and final order of the court (Para 30)

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

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