1987 (2) TMI 309

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....ngh and Ajit Singh sons of Uttam Singh, Inder Singh and Uttam Singh for a consideration of Rs. 23,000/- on the basis of a sale Deed dated July, 1960. In the sale deed one of the sons of the vendor has also signed as a vendor, that is, Daljit Singh. Subsequently thereafter the younger son of the vendor who did not sign in the sale deed instituted the instant action for a declaration that the said sale deed rtas not affected his share in the ancestral property, and for a declaration that the land in question was ancestral land qua to him and the sale was made without consideration and legal necessity and as such it would not affect his reversionary rights after the death of the vendor Jagdev Singh. The Trial Court decreed the suit holding tha....

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....on August 4, 1972 and immediately thereafter on August 5, 1972 the instant application was made for bringing on record the legal representatives of the deceased after setting aside the abatement. This application was dismissed by the High Court on the ground that Uttam Singh, one of the appellants, was the real brother of Inder Singh and the other two appeallants No. 1 and 2, that is, Bhag Singh and Ajit Singh who are the sons of Uttam Singh and the nephews of Inder Singh deceased, had knowledge that Inder Singh was the appellant; but they did not make any application within the period of limitation to bring the legal representatives on the file. It has also been observed by the High Court that no affidavit was filed on behalf of the widow ....