Law: Civil Procedure Code (V of 1908)

Section: O.XXII,rr.3,11,O.XLI,27,25

Law: Evidence Act, (1 of 1872)

Section: 59

(a) Civil Procedure Code (V of 1908), O. XXII, rr. 3 and 11­Pre-emption suit-One out of three appellants dies and his legal representatives not brought on record--Appeal of the deceased only abates. In so far as Kanda appellant is concerned, the effect of the non-­impleadment of his legal representatives within the time allowed by law is certainly to cause as abatement of his appeal. That, however, does not mean that the appeal has abated in its entirety. The right of each pre-emptor is a separate and independent right and the abatement of Kanda's appeal cannot possibly affect the rights of the other two appellants to get the relief sought by them in case they are otherwise found entitled to the same. [p. 247] (b) Evidence Act (I of 1872) S. 59-Original or copies of record­-of-rights not produced- Oral evidence held irrelevant and inadmis­sible. In the absence:, however, of the original records or their copies, the oral statement of the Naib-Tahsildar with regard to their contents is not admissible in evidence and this part of the evidence of the Naib­ Tahsildar had, therefore, to be ruled out by us as irrelevant and inadmis­sible. JUDGMENT Achhru Ram, J.--A preliminary objection has been raised on the respondents' behalf that Kanda, son of Hidayat, appellant No. 3, died on 9th February, 1945 and his legal representatives have not so far been brought on the record. It was urged by the learned counsel that in consequence of the failure of the appellants to bring on record the legal representatives of Kanda within the time allowed by law the whole appeal should be deemed to have abated. In so far as Kanda appellant is concerned, the effect of the non-impleadment of his legal representa­tives within the time allowed by law is certainly to cause an abatement of his appeal. That, however, does not mean that the appeal has abated in its entirety. Jalla and Malla, the other plaintiffs-appellants could have instituted a suit for possession of the whole land in suit by means of pre-emption in the first instance without joining Kanda as a co, plaintiff and the mere circumstances that after the dismissal of their suit Kanda, although he joined in the filing of the appeal,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492