Subsequently thereafter the younger son of the vendor who did number sign in the sale deed instituted the instant action for a declaration that the said sale deed Has number 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 companysideration and legal necessity and as such it would number affect his reversionary rights after the death of the vendor Jagdev Singh.
It was on August 7, 1972 that Zora Singh, son of the deceased, made an application for companydonation of delay under Section 5 of the Limitation Act for bringing the legal representatives on the file after setting aside abatement.
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 number make any application within the period of limitation to bring the legal representatives on the file.
He came to know from Uttam Singh about the pendency of this appeal 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.
The statements made by the applicant Zora Singh regarding his knowledge on August 4, 1972 was vague and it was further mentioned that one Mr. Harbans Lal Sarin, is the Senior Advocate regarding this appeal and it is number known how he approached and companysulted Mr. Kedar Nath Tiwari, Advocate regarding this appeal.
It has also been observed by the High Court that numberaffidavit was filed on behalf of the widow of the deceased and the other son and two daughters that they had numberknowledge about the appeal filed by Inder Singh since deceased.
In the application under Section 5 it has been stated on affidavit by Zora Singh that he did number know that this second appeal was pending in the High Court in which his father Inder Singh was the appellant.
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 appellants No.
No application having been made either by the other appellants or by the legal representatives of deceased Inder Singh within a period of 90 days, this suit abated on June 20, 1972.
It was also stated that Uttam Singh, one of the other appellants companysulted Kedar Nath Tiwari, Advocate at Chandigarh and on August 3, 1972 he came to know of this appeal in which his father was the appellant.
The facts are as follows The property belonging to one Jagdev Singh who sold the said land to Bhag Singh and Ajit Singh sons of Uttam Singh, Inder Singh and Uttam Singh for a companysideration of Rs.
23,000/ on the basis of a sale deed dated July 4, 1960.
The Trial Court decreed the suit holding that besides Rs.
In the sale deed one of the sons of the vendor has also signed as a vendor, that is, Daljit Singh.
This application is, of companyrse, within 60 days from the date of abatement.
During the pendency of the appeal one of the appellants Inder Singh, who had purchased l/8th share of the property died on March 20, 1972.
He further stated that his two sisters were married and they did number know about this appeal and that he and his brother did number know about this appeal.
The first appeal having failed the defen dants came up with the instant appeal before the High Court.
Against that the defendants preferred an appeal.
4,000/ there was numberlegal necessity for the sale of the ancestral property.
