MUNNI Vs. RUKMANI DEVI

JUDGEMENT

(1.) THE legal representatives of defendant Munshi have filed this revision petition u/s. 115 CPC against the order dt. 26.11.1997 of the learned Civil Judge (Junior Division), Sujangarh whereby he dismissed the application of the petitioners.

(2.) THE non-petitioner plaintiff filed a suit for arrears of rent and ejectment against deceased Munshi. It is an admitted fact that during the pendency of the suit Munshi died on 19.9.1994 but ignorant of this fact the Court passed an order u/s. 13(5) of the Rajasthan Premises (Control of Rent and Eviction) Act on 1.10.1994 against deceased Munshi. The legal representatives after being taken on record filed an application and requested the Court that, since the above order was passed after the death of Munshi and without bringing his legal representatives on record was a nullity and, therefore, must be recalled. However, the learned trial Court did not feel persuaded to disturb the above order dt. 1.10.1994 on the ground that it was an appealable order and it could have been set aside by an appropriate remedy. The application of the petitioners was, therefore, dismissed.

(3.) IT is not in dispute that when the order dt. 1.10.1994 was passed u/s. 13(5) of the Act, the sole defendant was dead. No such order could have been passed against a dead person. The proper procedure was to bring his legal representatives on record. This was done later on. Since the above order dt. 1.10.1994 was against the law, I am inclined to interfere with the same u/s. 115 Cr.P.C. It cannot be allowed to stand.