Allahabad Court March 1962 Judgments

Rafuwa and ors. Vs. Abbas Khan and ors.

Court: Allahabad

Reported in: AIR1963All391

Brijlal Gupta, J.1. This is a plaintiffs' appeal. The suit was for an injunction and in the alternative for recovery of possession. There were five defendants in the suit, one of whom was a man called Abbas Khan. The suit was dismissed by the trial Court. The plaintiffs went up in appeal to the lower appellate Court. During the pendency of the appeal Abbas Khan defendant-respondent died. After more than a year of the death of Abbas Khan the plaintiffs-appellants, in the lower appellate Court, made an application bringing to the notice of the Court the fact of we death of Abbas Khan. They stated in that application that Abbas Khan left two sons as his heirs and legal representatives; that besides these two sons he left no other heir or legal representative; that these two sons were already on the record as defendants-respondents in the suit The prayer contained in the application was that the name of Abbas Khan may be removed from the array of the defendants-respondents and that the two...