Ajaib Singh Vs Late Manjinder Singh through Lrs and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

Ajaib Singh Vs Late Manjinder Singh through Lrs and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief adjudicated on merits; appeal dismissed for non-prosecution, with liberty reserved to the legal representatives of the deceased-appellant, if any, to seek revival in case any cause survives

Issue for consideration

Whether the present Regular Second Appeal could be prosecuted where the appellant (plaintiff No. 1, Ajaib Singh) has died and his legal representatives cannot be traced.

Court's answer

With the sole surviving appellant dead and the whereabouts of his legal representatives unknown despite sincere efforts, there being no one available to pursue the appeal, the present Regular Second Appeal is dismissed for want of prosecution.

Ratio / Principle

No orders are required in the pending application(s), if any, and the same stand disposed of.

Key takeaways

The legal representatives of the deceased-appellant, if any, are at liberty to seek revival of the present appeal in case any cause survives.obiter¶[6]

Detailed headnote1 paragraphs

High Court of Punjab & Haryana, RSA No. 1926 of 2022 (O&M), Harkesh Manuja J. (oral), decision 10.09.2025: Regular Second Appeal by plaintiff No. 1 Ajaib Singh, challenging the First Appellate Court's judgment and decree dated 12.10.2021 (Additional District Judge, Barnala) whereby the appeal against the trial Court's judgment and decree dated 30.05.2016 (Additional Civil Judge (Senior Division), Barnala) dismissing plaintiffs' suit for declaration, separate possession by way of partition and permanent injunction was affirmed, was DISMISSED FOR NON-PROSECUTION. Counsel reported that the appellant had died and, despite sincere efforts, his legal representatives (whose only son had left the village) could not be traced, leaving no one to pursue the appeal; the Court held there was 'no option except to dismiss the present appeal for want of prosecution', while according the legal representatives of the deceased-appellant, if any, liberty to seek revival of the appeal if any cause survives. Pending application(s), if any, stand disposed of. No merits adjudicated; no statute or precedent cited; no quantum involved.

134

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

RSA No. 1926 of 2022 (O&M) Date of Decision: 10.09.2025

Ajaib Singh

.......... Appellant

Versus

Late Manjinder Singh (since deceased) through legal heirs and others

.......... Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:Mr. Hitesh Verma, Advocate for the appellant-plaintiff No. 1.

HARKESH MANUJA, J. (ORAL)

[1] Plaintiff No. 1-Ajaib Singh is in Regular Second Appeal.

[2] By way of present appeal, challenge has been laid to the judgment and decree dated 12.10.2021 passed by the Court of Additional District Judge, Barnala (hereinafter to be referred as “First Appellate Court” ), whereby an appeal against the judgment and decree dated 30.05.2016 passed by the Court of Additional Civil Judge (Senior Division), Barnala (hereinafter to be referred as “trial Court” ), dismissing the suit for declaration and separate possession by way of partition and also for grant of permanent injunction restraining the defendants from changing the nature of suit property or even alienating the same, instituted at the instance of plaintiffs, was dismissed; thereby affirming the judgment and decree passed by the trial Court.

DINESH KUMAR 2025.09.10 19:10 I attest to the accuracy and integrity of this document

RSA No. 1926 of 2022 (O&M)

-2-

[3] At the outset, learned counsel for the appellant informs that the appellant-Ajaib Singh has unfortunately died, however, despite making all sincere efforts, whereabouts of his legal representatives are not known as the only son of deceased-appellant has left the village. He thus submits that at this stage, there is no one available on behalf of the appellantdeceased to pursue the present appeal.

[4] In view of the above, there is no option except to dismiss the present appeal for want of prosecution.

[5] Dismissed for non-prosecution .

[6] However, the legal representatives of deceased-appellant, if any, shall be at liberty to seek revival of the present appeal in case any cause survives.

[7] No orders are required to be passed in the pending application(s), if any, and the same shall stand disposed off.

September 10, 2025 ( HARKESH MANUJA ) 'dk kamra' JUDGE

Whether Speaking/reasoned	Yes/No
Whether Reportable	Yes/No

DINESH KUMAR 2025.09.10 19:10 I attest to the accuracy and integrity of this document