REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1525 OF 2009

(Arising out of SLP©No.5312 of 2008)

M/s Kanhiya Singh Santok Singh & Ors. ..Appellants

Versus

Kartar Singh

..Respondent

J U D G M E N T

TARUN CHATTERJEE,J.

1. Leave granted.

2. This appeal is directed against the final judgment and

order dated 10^th of January, 2008 of the High Court of

Rajasthan, at Jaipur being S.B. Civil Appeal No. 486 of

2002, whereby the High Court had dismissed the

application filed by the appellants for being

substituted as legal representatives of one Santok

Singh who had died subsequently during the long

drawn legal battle between the parties, and dismissed

1

the Second appeal filed by the appellants as having

been abated.

3. The facts leading to the filing of this appeal are stated

briefly as under : -

The dispute relates to a shop situated at Madanganj,

District Kishangarh, Rajasthan. The appellants belonged

to a joint family consisting of Santok Singh, father of the

appellants (now deceased), and the appellants namely,

Man Mohan Singh and Jaswant Singh. Their third

brother namely, Balbeer Sing