SURJEET SINGH Vs. ISHWAR DASS & OTHERS

JUDGEMENT

(1.) This revision petition is directed against the order passed by the learned Civil Judge (Junior Division) , Court No.2, Ghumarwin, District Bilaspur, H.P. on 19.12.2016 whereby she dismissed the application filed by the petitioner for bringing on record the legal representatives of deceaseddefendant No.3 Anirudh Singh and deceased-defendant No.4 Swarn Singh.

(2.) It is not in dispute that both the aforesaid defendants have expired prior to the institution of the suit and have infact died on 19.01.2012 and 202014, respectively, whereas, the suit came to be instituted only on 19.04.2014. Even though, it is vehemently contended by the learned counsel for the petitioner that the learned Court below could not have dismissed the suit against the said defendants as having been abated, but I do not find any finding having been recorded by the learned Court below. Even though, the findings recorded by the learned Court below in the order impugned herein read thus:-

(3.) As already observed, no findings appear to have been recorded by the learned Court below qua the so-called abatement so as to furnish a cause to the petitioner to be aggrieved.