Jaswant Singh - (1.) PRESENT appeal was filed by the plaintiff/appellant Babu Ram (since deceased) through his widow Smt.Satya Devi, being his sole legal representative. The appeal is directed against the judgment and decree of reversal dated 13.10.1992 whereby while accepting the appeal of defendant Nand Kishore the judgment and decree dated 15.5.1989 passed by the learned Sub Judge Ist Class, Pathankot decreeing the suit for declaration and injunction was set aside and the suit dismissed.
(2.) THE present appeal was admitted vide order dated 26.4.1993. The dispute in the present suit is in respect of registered sale deed dated 15.9.1986 pertaining to the suit land measuring one kanal fully described in the plaint purported to have been executed by the plaintiff Babu Ram in favour of defendant Nand Kishore. The sale deed was sought to be set aside on the ground of fraud and undue influence. The suit was filed on 18.2.1987 by Babu Ram through his wife Smt.Satya Devi challenging the sale deed purportedly executed by him on the ground that Babu Ram being of unsound mind and not competent to execute the sale deed. The suit was decreed by the trial court which has been reversed in appeal. Hence the present appeal. It appears that Babu Ram plaintiff had died on 15.6.1989 during the pendency of the appeal filed by defendant Nand Kishore before the first appellate court and thus his widow Smt.Satya Devi was impleaded as his legal representative to pursue the appeal. This is apparent from the title of the appeal of the judgment and decree dated 13.10.1992 passed by the learned Additional District Judge, Gurdaspur. Hence the present appeal was filed through legal representative- Smt.Satya Devi. During the pendency of the present appeal Smt.Satya Devi also died on 20.12.2007 leaving behind no legal representative. CM No.2280-C/2012 was filed by respondent Nand Kishore (defendant) placing on record the death certificates of both Babu Ram and Smt.Satya Devi. The said death certificates were taken on record as Annexures A1 and A2 vide order dated 6.3.2012 and CM No.2280-C/2012 was allowed.
(3.) SUBSEQUENTLY the applicant/defendant has moved CM No.14331-C/2011 under Order 22 Rule 1 read with Rule 11 and Section 151 CPC for ordering the present appeal to have abated in view of death of the plaintiff/appellant-Babu Ram and his widow Smt.Satya Devi as per aforesaid death certificates Annexures A1 and A2, leaving behind no legal representatives to pursue the present appeal. Notice of the application was issued to Sh.R.N. Moudgil, Advocate, counsel for the plaintiff/appellant for today. As per office report the counsel has been served. He, however, chose not to appear for the reasons best known to him.;