Bhajinder Singh & Ors vs Jaspal Singh & Ors on 7 May, 2018
6. The counsel for the contesting respondents places reliance, inter
alia, on Shyam Sundar Rakshit Vs. Satchidananda Rakshit and Anr.,
AIR 1955 Calcutta 351, Sahib Zada Adbul Bais Khan Vs. Budh Singh
Bapna, AIR 1973 Rajasthan 201 and Urban Improvement Trust,
Jodhpur and Ors. Vs. Barkat Khan, 2003 AlHC 818. His argument is
that the application under Order XXXIX Rule 2A CPC having been
submitted at the stage when the suit was still pending and the order,
the breach of which is alleged was then still operative, the proceedings
cannot be scuttled in the manner sought to be done, the cause of action
to secure due obedience having survived the death of Didar Singh.