SURYA DEV SINGH Vs. DISTRICT JUDGE AZAMGARH

LAWS(ALL)-1981-2-33

HIGH COURT OF ALLAHABAD

Decided on February 12,1981

SURYA DEV SINGH Appellant

VERSUS

DISTRICT JUDGE, AZAMGARH Respondents

JUDGEMENT

S. D. Agarwala, J. - (1.) :-
(2.) THIS is a petition under Art. 226 of the Constitution of India. Vikrama Singh, opposite party no. 3, filed a suit against one Baldeo Singh for specific performance of a contract of sale. This suit was decreed ex-parte on 25th March, 1975. On 13th July, 1976, Baldeo Singh moved an application under Order 9 Rule 13, CPC for setting aside the ex-parte decree. On 17th February, 1977, before the application could be disposed of, Baldeo Singh died. After the death of Baldeo Singh, the petitioner Surya Dev Singh filed an application for substitution in place of Baldeo Singh and sought permission to prosecute the application moved by Baldeo Singh. The trial court allowed the application on 11th October, 1979. Against the judgment dated 11th October, 1979, Vikrama Singh filed a revision in the court of the District Judge, Azamgarh. The revisional court allowed the revision on 17th December, 1979, and set aside the order dated 11th October, 1979. The petitioner being aggrieved by the order dated 17th December, 1979, has filed the present petition in this Court.
(3.) I have heard the learned counsel for the parties. Learned counsel for the petitioner has urged that the trial court as well as the revisional court have recorded a finding that on 9th August, 1974, the property in dispute had been transferred by Baldeo Singh to the petitioner Surya Dev Singh. The property in dispute being the house, which was transferred to the petitioner and the petitioner claiming title in respect of the house through Baldeo Singh, he was entitled to be substituted and continue the application moved by Baldeo Singh. Section 146 OPC reads as under : "146. Save as otherwise provided by this Code or by any law for the time being in force, where any proceedings may be taken or application made by or against any person, then the proceeding may be taken or the application may be made by or against any person claiming under him." ;

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