Punjab-Haryana High Court
Jagdish Ram (Since Deceased) … vs Onkar Singh on 1 April, 2021Civil Revision-2399-2020 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Civil Revision-2399-2020
Date of decision: – 01.04.2021

Jagdish Ram (since deceased) through LRs
….Petitioners

Versus

Onkar Singh
…..Respondent

CORAM : HON’BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:- Mr. Ashok Giri, Advocate
for the petitioners.

Mr. Sandeep Kumar, Advocate
for the respondent.

***
HARSIMRAN SINGH SETHI, J. (ORAL)

In the present revision petition, the challenge is to the order

dated 30.09.2020 by which the application filed by the petitioners under

Order 7 Rule 11 for rejection of the plaint has been dismissed.

The factual matrix is that respondent-plaintiff filed a civil

suit seeking permanent injunction against sole defendant-Sh. Jagdish

Ram for restraining him from interfering in the possession of the

respondent-plaintiff or creating any hindrance or obstruction in the

peaceful use and enjoyment for irrigation of the fields of the respondent-

plaintiff from the tubewell/electric motor connection. It is a matter of fact

that during the pendency of the suit, sole defendant, namely, Jagdish Ram

unfortunately died on 23.07.2020.

1 of 4
::: Downloaded on – 02-04-2021 23:45:59 :::
Civil Revision-2399-2020 -2-

As the sole defendant-Jagdish Ram has died, the said fact

was brought to the notice of learned Court below. The legal

representatives of Sh. Jagdish Ram i.e. petitioners herein were brought on

record and thereafter, an application was moved by the legal

representatives under Order 7 Rule 11 CPC for the rejection of the plaint

on the ground that the sole defendant against whom the averments were

made in the civil suit has already died and as there are no allegations

against the legal representatives and there is no prayer in the civil suit qua

them, therefore, the plaint is liable to be rejected.

The said application has been rejected by the learned Court

below by an order dated 02.09.2020 by noticing the fact that the legal

representatives of the sole defendant-Jagdish Ram are to succeed his

estate and therefore, the application filed by the legal representatives

under Order 7 Rule 11 CPC is rejected. The said order is under challenge

before this Court.

Learned counsel for the petitioners argues that in the present

case, all the averments and the allegations were against the sole

defendant-Sh. Jagdish Ram and the relief of injunction was also sought

against Sh. Jagdish Ram, hence, after the death of the said sole defendant-

Sh. Jagdish Ram, the suit cannot be proceeded further and the application

filed by the petitioners under Order 7 Rule 11 CPC has wrongly been

rejected.

Learned counsel for the petitioners submits that in the

absence of any allegations or prayer against the legal representatives of

Sh. Jagdish Ram, the suit filed by the respondent-plaintiff cannot

2 of 4
::: Downloaded on – 02-04-2021 23:45:59 :::
Civil Revision-2399-2020 -3-

continue.

Learned counsel for the respondent-plaintiff concedes before

this Court that in the suit, Sh. Jagdish Ram was the sole defendant and the

prayer of the respondent-plaintiff was also against the said Sh. Jagdish

Ram in respect of interfering in the joint possession of the respondent-

plaintiff and also from restraining the said Sh. Jagdish Ram from forcibly

dispossessed the respondent-plaintiff or creating any hindrance or

obstruction in the peaceful use and enjoyment of the property by the

respondent-plaintiff. It is further conceded that as of now in the civil suit

there is no prayer seeking any relief qua legal representatives of Sh.

Jagdish Ram.

I have heard learned counsel for the parties and have gone

through the record with their able assistance.

Learned counsel for the respondent-plaintiff has not been

able to justify the continuation of the civil suit as to once there are no

averments against any of the legal representatives of the sole defendant-

Jagdish Ram or there is no prayer against them in the civil suit, how the

suit can proceed further. Learned counsel for the respondent, at this

stage, prays that the respondent-plaintiff be granted permission to file an

appropriate suit against the legal representatives of the deceased

defendant Sh. Jagdish Ram, who are to succeed his estate in case

respondent-plaintiff is aggrieved in any manner qua legal representatives

of Sh. Jagdish Ram.

In case, the respondent-defendant is aggrieved in any manner

against any of the legal representatives after the death of the sole

3 of 4
::: Downloaded on – 02-04-2021 23:45:59 :::
Civil Revision-2399-2020 -4-

defendant-Jagdish Ram, the respondent-plaintiff has a full right to initiate

appropriate proceedings against the legal representatives of the sole

defendant-Jagdish Ram, who has already died. No permission of the

Court is needed to initiate any proceedings against the legal

representatives of Sh. Jagdish Ram, if respondent-plaintiff is aggrieved

against them in any manner.

Keeping in view the above facts and circumstances, after the

death of the sole defendant-Jagdish Ram and the nature of the present

suit, the same cannot continue and hence, the rejection of the prayer of

the petitioners as raised in the application filed under Order 7 Rule 11

CPC, vide impugned order dated 30.09.2020 cannot be sustained and the

said application is allowed and the plaint filed by the respondent-plaintiff

against sole defendant-Sh. Jagdish Ram, who has unfortunately already

died, is rejected keeping in view the facts & circumstances noticed above.

It is made clear that the respondent-plaintiff will be within

his jurisdiction to initiate any proceedings against legal representatives of

sole defendant-Jagdish Ram, who are to succeed his estate in case he is

aggrieved in any manner against them.

Present revision petition stands allowed in above terms.

( HARSIMRAN SINGH SETHI )
April 01, 2021 JUDGE
naresh.k

Whether reasoned/speaking? Yes
Whether reportable? No

4 of 4
::: Downloaded on – 02-04-2021 23:45:59 :::

Comments

Leave a Reply

Sign In

Register

Reset Password

Please enter your username or email address, you will receive a link to create a new password via email.