PREM DUTT GUPTA Vs. DHAN DEVI
LAWS(DLH)-1980-3-37
HIGH COURT OF DELHI
Decided on March 20,1980

PREM DUTT GUPTA Appellant
VERSUS
DHAN DEVI Respondents


Referred Judgements :-

JAGDISH CHANDER BHALLA AND OTHERS V. LAKSHMAN SWARUP BHATNAGAR AND OTHERS [REFERRED]
N K MOHAMMAD SULAIMAN SAHIB VS. N C MOHAMMAD ISMAIL SAHEB [REFERRED]
HAPPY VALLEY TEA CO VS. DARSHAN LAL [REFERRED]
DODDAMALLAPPA CHAANNABASAPPA KARI VS. GANGAPPA SHIDDAPPA GULGANJI [REFERRED]
RAM KISHAN VS. KARTAR SINGH [REFERRED]


JUDGEMENT

M.I.JAIN, J. - (1.)Two constructions stand on a plot in Green Park, New Delhi which are marked as property No. F-49 and F-49-A. F.49A was owned by Smt. Dhan Devi and F-49 was owned by defendant Prem Dutt Gupta. There was a passage and a stair-case leading to the first floor. Smt. Dhan Devi brought a suit that Prem Dutt Gupta raised construction in the common passage by which he left 2 ft. passage for the plaintiff and completely blocked the stair-case. She prayed for removed of the wall constructed in the passage and of the obstruction in the stair-case. Arguments were heard on September 16, 1976. Smt. Dhan Devi died on November 27, 1976. The court inspected the site on December 25, 1976. Arguments were again heard on January 3, 1977 and the suit was decided on January 4, 1977. The decree was drawn in the name of Smt. Dhan Devi without mentioning that she was dead.
(2.)The defendant went in appeal in which the respondent was described as Dhan Devi deceased through her husband Shri B. R. Parihar. No objection was raised as to this by anybody and the appeal came to be dismissed on February 16, 1979, by the Additional District Judge. The decree of the first appellate court was also drawn in the name of Smt. Dhan. Devi deceased through her husband B. R. Parihar. In the present appeal the Memo of parties described the respondents as "Smt. Dhan Devi deceased through her husband Shri B. R. Parihar" or "Shri B. R. Parihar". The appeal was admitted on March 22, 1979. Demolition of the wall was sought to be stayed in C.M. 271/79 of which notice was issued.
(3.)In his reply dated July 19, 1979, it was stated by B. R. Parihar that besides him, Ashok Parihar son and Biml a Chauhan daughter were two more legal representatives of Smt. Dhan Devi. The appeal has been filed against a dead person without bringing all the legal representatives on record and is, therefore, incompetent and nullity. To meet this challenge, the appellant has filed application C.M. 866/79 stating that it was for the first time in the reply of the respondent that he came to know that there were two more legal representatives of Smt. Dhan Devi. He maintained that the appeal was properly filed. However, if the court thought so proper, then it may direct that Ashok Parihar and Bimla Chauhan be also implead as legal representatives. He also made one more application C.M. 867/79 under Section 5 of the Limitation Act, 1963, praying for condonation of delay in bringing the two legal representatives also on record. These applications are opposed.


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