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Judgment
Hemant Gupta, J.—The present revision petition is directed against the order dated 19.8.1993. whereby the application of the petitioners to seek impleadment of Legal Representatives of defendant No. 3 was dismissed.
The petitioners have sought to be impleaded as legal representatives of defendant No. 3 Ram Parkash on the ground that he has not been heard for more than seven years and thus he is presumed to be dead. However, the said application was declined by the learned trial Court on the ground that there is no evidence to presume the death of Ram Parkash. It has been noticed that the petitioners have filed a suit claiming a decree for declaration to the effect that defendant No. 3 Ram Parkash is dead and the petitioner be impleaded as his Legal Representatives.
During the course of arguments, learned Counsel for the petitioner has produced certified copy of the judgment and decree dated 9.9.1994, whereby the suit for declaration has been decreed and it has been found that defendant No. 3 Ram Parkash has died and the petitioners are his legal heirs.
In view of the said judgment and decree, the impugned order passed by the learned trial Court is not sustainable in law. The same is set aside and the petitioners are permitted to be brought on record as Legal Representatives of defendant No. 3 Ram Parkash. However, the impleadment of the Legal Representatives of defendant No. 3 will not debar the plaintiff to lead evidence to prove the, allegation that defendant No. 3, in fact, alive.
Parties through their counsel are directed to appear before the learned trial Court on 27.2.2006 for further proceedings in accordance with law.