Thakur Singh vs Bank of India

Viney Mittal, J.—Vide order dated May 24, 1996 the legal representatives of Khushi Ram; who was originally arrayed as defendant No. 3, have been ordered to be impleaded by the trial Court. An objection was raised by defendant No. 1 claiming that since at the time of filing the suit, Khushi Ram was dead, his legal representatives could not be brought on record. However, the trial Court relied upon a judgment Jogindar Singh and Others Vs. Krishan Lal and Others, , wherein it had been laid down that the bank could not be expected to keep itself informed as to whether the guarantors were still alive or not and therefore, as and when the said fact came to knowledge, the application for bringing on record the legal representatives was filed. In these circumstances, placing reliance upon the aforesaid authority, the learned trial Court allowed the application filed by the plaintiff.

I do not find any justification to interfere in the present revision petition, in view of the law laid down in Joginder Singh''s case (supra). There is no error of jurisdiction in the order passed by the learned trial Court.

In view of the aforesaid fact, the present revision petition is dismissed.