Decided on October 28,1991

RAM RAKHA Appellant
BRAHMA NAND Respondents


D.P.SOOD,J. - (1.) In this Regular Second Appeal under section 100, C. P. C. a preliminary legal question but substantial in nature for the determination of this Court is whether on account of death of Jagdish Chand and non -impleading of his heirs within a period of limitation, resulted in abatement of whole or any part of the suit -?
(2.) The bone of contention in between the parties pertains to the land measuring 16 Kanals 14 Marlas comprised in Khewat -Khatoni No. 891 Min, 1436, Khasra Nos. 462, 503, 540, 466 and Khata Khatauni No. 891 Min 1438, Khasra No. 494 and Khatauni No1437 Khasra No. 447, Khasra Nos. 447, 453 and 454 as detailed in Jamabandi for the year 1979 -80, situate in village Behdala, Tehsil and District Una Himachal Pradesh, (hereinafter referred to as the suit land).
(3.) Brahma Nand plaintiff is now respondent No. 1 in the instant appeal. He claimed to be a tenant under the landowners One of the landowners, namely, Jagdish Chand expired on 18th August 1987 There is no controversy over this fact in between the parties to the instant lis. The landowners were represented before the trial Court as also in the first appellate Court by Shri H L Chaudhry, Advocate. Admittedly no application for substitution of the legal representatives of late Sh Jagdish Chand arrayed as respondent No. 2 before the first appellate Court had been moved by Sh. Brahma Nand who was the appellant in the frist appeal. There is also no controversy in between the parties that arguments were heard on 9 -8 -1988 by the first appellate Court and the first" appeal was ultimately decided on August 22, 1988.;

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