Salim Ahamad vs Civil Judge, Ist (Junior Division) and Others

Sudhanshu Dhulia, J.—Heard learned Counsels for both the parties.

This writ petition has been filed by the petitioner against the order dated 15.10.2005 passed by the Civil Judge in Civil Suit No. 424 of 1991 Bhagwan Das v. Salim, by which permission to produce certain additional evidence was declined.

The petitioner is the defendant in Civil Suit No. 424 of 1991, which is pending in the Court of Civil Judge, Ist (Junior Division), Dehradun. Plaintiff is incorporated as respondent No. 2 in the array of parties and is represented by Mr. D. Barthwal, Advocate.

Now, an application has come from the Presiding Judge of the Court to the Registrar General of this Court stating that the sole plaintiff has died and since no substitution application has been filed it has automatically abetted, though no formal orders can be passed inasmuch as vide an interim order dated 24.10.2005 of this Hon''ble Court, it has been ordered by the Court that the proceedings may go on but final order shall not be passed.

Both the counsels Mr. Parikshit Saini, who represents defendant (petitioner) and Mr. D. Barthwal, who represents plaintiff (respondent No. 2) are before this Court who admit that the sole plaintiff has died during the pendency of the suit.

On the aforesaid facts, the interim order dated 24.10.2005 is hereby vacated. No useful purpose will be solved if the petition remains pending before this Court. Therefore, the instant writ petition is disposed of. The Court below may proceed in the matter in accordance Order XXII of the Code of Civil Procedure.

No order as to costs.