CHARAN DASS Vs. BACHAN RAM

JUDGEMENT

(1.) At the very outset, learned counsel for the petitioners submitted that legal representatives of respondent 1(i) are already on record as after the demise of Haro widow of Bachna Ram, her LRs namely Prem Chand, Subhash Chand and Ramesh Kumar have succeeded to the estate of Haro and the aforesaid persons are already on record as legal representatives of deceased Bachna Ram. Respondent No.2 Amar Chand had died issueless and there was no legal representatives of Amar Chand to succeed his property. In view 1 of 3 of above, LRs of respondent Nos.1(i) and 2 are not required to be brought on record.

(2.) Petitioners have preferred this revision petition against the order dated 16.08.2018 passed by Additional District Judge, Rupnagar, whereby permission to withdraw the appeal was granted without granting liberty to file fresh one on the same cause of action.

(3.) Petitioners/decree holders filed execution of judgment and decree dated 12.01.2017 passed by the trial Court in a suit for permanent injunction. Judgment and decree was upheld upto the High Court in RSA No.2042 of 2008. The executing Court while deciding the execution framed issues. Issue No.1 was in respect of maintainability of execution. Executing Court while deciding the issue No.1 held that decree in question was obtained by playing fraud upon the Court. Ultimately, the execution was dismissed vide order dated 19.09.2016.