JAGDISH RAM (SINCE DECEASED) Vs. ONKAR SINGH

JUDGEMENT

(1.) In the present revision petition, the challenge is to the order dated 30.09.2020 by which the application filed by the petitioners under Order 7 Rule 11 for rejection of the plaint has been dismissed.

(2.) The factual matrix is that respondent-plaintiff filed a civil suit seeking permanent injunction against sole defendant-Sh. Jagdish Ram for restraining him from interfering in the possession of the respondent-plaintiff or creating any hindrance or obstruction in the peaceful use and enjoyment for irrigation of the fields of the respondent-plaintiff from the tubewell/electric motor connection. It is a matter of fact that during the pendency of the suit, sole defendant, namely, Jagdish Ram unfortunately died on 23.07.2020.

(3.) As the sole defendant-Jagdish Ram has died, the said fact was brought to the notice of learned Court below. The legal representatives of Sh. Jagdish Ram i.e. petitioners herein were brought on record and thereafter, an application was moved by the legal representatives under Order 7 Rule 11 CPC for the rejection of the plaint on the ground that the sole defendant against whom the averments were made in the civil suit has already died and as there are no allegations against the legal representatives and there is no prayer in the civil suit qua them, therefore, the plaint is liable to be rejected.