Pritam Singh Pattar, J. - (1.) THIS is a second appeal filed by the defendants against the order dated August 31, 1973, of the Additional District Judge, Jind, whereby he accepted the appeal of Zile Singh, plaintiff, and held that his suit abated to the extent of 1/4th share of Pohlu deceased in the property and he directed the parties to appear before the trial Court for further proceedings in the suit according to law.
(2.) THE facts of this case are that a suit for possession of Killa No. 89/17/2 measuring 6 Kanals, situated in village Shamlo Kalan, Tehsil and District Jind, was filed by Zile Singh, plaintiff, against Pohlu Abhe Singh, Richhpal and Risala sons of Mam Chand of that village, on the allegations that they had taken forcible possession of this land of which he is a co -sharer and is entitled to get a decree for possession against them. The suit was contested by the defendants. On the pleadings of the parties, the trial Court framed the following issues : - - 1. Whether the plaintiff is co -sharer of the land in dispute, as alleged -in the plaint ? 2. Whether this suit is bad on account of non joinder of necessary parties as mentioned in the written statement, if so, to what effect ? Whether the plaint does not disclose any cause of action, if so, to what effect ? 3.WHETHER this Court has got no jurisdiction to try this suit? 4.RELIEF .
(3.) During the pendency of the suit, Pohlu defendant died on January 19, 1972. Zile Singh, plaintiff, made an application on July 27, 1972 under Order 22 Rule 4 of the Code of Civil Procedure, to bring the legal representatives of Pohlu on the record, alleging that he came to know of his death on July 19, 1972. This application was contested by the defendants. The pleaded that the application was barred by limitation. On these pleadings of the parties, the following issues were framed : - - 1. What is the date of death of Pohlu ? 2. Whether the applicants are the legal representatives of Pohlu deceased ? 3. Whether the suit has abated ? 4. Relief. The trial Court held that Pohlu defendant died on January 19, 1972 and that the application for bringing his legal representatives on the file was filed long after the expiry of the period of limitation and the suit abated in toto, feeling dissatisfied the plaintiff filed appeal against this order in the Court of the Additional District Judge, Jind. During the pendency of the appeal, Zile Singh plaintiff -appellant filed an application for amendment of his application under Order 22 Rule 4 of the Code of Civil Procedure to make a prayer for condonation of delay in -making the application. These applications were allowed by order dated May 24, 1973 of the Additional District Judge and the following additional issue was framed : - - Whether there are any sufficient grounds for condonation of delay ?;