Back
2023 Supreme(P&H) 2493
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL, J.
Gurmeet Singh & Anr. – Petitioners
Versus
Avtar Singh (deceased) & Ors. – Respondents
CR-2888 of 2019 (O&M)
Decided On : 15-11-2023
Mr. Amit Arora, Advocate; For the Petitioners
Legal representatives can be brought on record in a suit even if only one defendant has died at the time of filing, as established in Karan Kaur v. Dalip Singh.
Headnote:(A) Code of Civil Procedure, 1908 - Order 22 - Legal representatives - Plaintiffs filed a suit for possession against multiple defendants, including a deceased defendant. The trial court refused to allow the application to bring legal representatives on record. Citing Karan Kaur v. Dalip Singh, the court found that legal representatives can be brought on record even if only one defendant has died at the time of filing. (Paras 2, 3, 4)
(B) Revision Petition - The court allowed the revision petition, setting aside the trial court's order and permitting the plaintiffs to bring legal representatives on record. (Paras 4, 5)
Facts of the case:
The plaintiffs were unaware of the death of the defendant and acted promptly upon learning of it to file the necessary application.
Findings of Court:
The trial court's order was set aside, allowing the application to bring legal representatives on record.
Issues: Whether legal representatives can be brought on record when only one defendant has died at the time of filing.
Ratio Decidendi: The court reaffirmed that legal representatives can be added even if one defendant is deceased at the time of suit filing.
Result: Revision petition allowed.
JUDGMENT
Mr. Anil Kshetarpal, J. (Oral)
As per the office report, respondent no.1(iv) and 1 (v) have not been served with a notice of this petition. Respondent no.1 Sh.Avtar Singh died and respondent no.1(i) to 1 (v) are his class I heirs. Respondent no.1(iv) and 1 (v) are the married daughters of late Sh.Avtar Singh. The notice of the petition has already been served on the widow and two sons of late Sh.Avtar Singh. Hence, the service of notice on respondent no.1(iv) and 1 (v) is dispensed with.
2. The trial court, after noticing that the suit has been filed against defendant no.1, who was already dead, refused to allow the application filed to bring on record the legal representatives of defendant no.1. Learned counsel representing the petitioners relies upon the judgment passed in Karan Kaur (died) v. Dalip Singh (dead) through LRs 2001 (1) PLR 514 to contend that where there are several defendants in the suit and only one has died on the date of filing of the suit, the legal representatives can be brought on record.
3. The plaintiffs filed a suit for possession against as many as five defendants ihncluding Sh.Avtar Singh. It is the case of the plaintiffs that they did not know about the death of Sh.Avtar Singh. The moment they came to know of the aforesaid development, they immediately filed the necessary application. Therefore, the judgment passed in Karan Kaur's case (supra) is applicable to the facts of the present case.
4. Keeping in view the aforesaid facts, the order dated 13.02.2019 is set aside. The application filed by the plaintiffs to bring the legal representatives of respondent no.1 shall stand allowed. The trial court is directed to proceed with the suit accordingly.
5. The revision petition stands allowed. If so advised, the respondents shall have liberty to file an application for recall of this order.
6. All the pending miscellaneous applications, if any, are also disposed of.
