“7. Thereafter parties were directed to file list of witnesses and examination of their respective witnesses. Accordingly, three witnesses have been examined by the plaintiffs i.e. plaintiff Mr. Shamsher Rana examined himself as PW1 and filed his affidavit Ex. PW1/A. He relied upon the documents Ex. PW1/1 to Ex. PW1/4, PW2 Mr. Jai Chand and PW3 Mr. Rakesh Gupta, Special Assistant from Union Bank of India and PW3. Defendant Umesh Gaur tendered his evidence by way of affidavit Ex. DW1/A and relied upon the documents Ex. DW1/1 to Ex. DW1/3 and examined himself as DW1 and he was even partly cross examined by the plaintiffs. It is however matter of record that during the pendency of case, defendant Umesh Gaur expired and an application under Order 22 Rule 4 CPC was filed by the plaintiffs, being IA 23361/2012 for brining LRs i.e. son of defendant, of which reply was filed by defendant inter alia stating that apart from the son of deceased defendant, there are other LRs also of deceased Umesh Gaur, and accordingly that application was withdrawn and fresh application being IA 14684/2013 was filed thereby giving complete description of the LRs of deceased Umesh Gaur and that application was allowed. However, Mr. Himanshu Gaur, son of the defendant Sh. Umesh Gaur (since deceased), examined himself alone, as DW2 and closed the DE.”
