Mr. A made an agreement in the year 1976 on simple stamp paper (which is not registered and also not notarized) through which Agricultural lands were given to his wife B towards maintenance for her life, this arrangement was made as B did not give birth to male child and B agreed for the second marriage of A. And in the year 2009 B filed a suit for specific performance and for declaration that she is entitled to get the possession and the sole ownership of the lands. In the course of the suit, B died in the year 2012 at the age of 95 years and heirs of B (3 daughters) filed an Application under order I rule 10 for impleading them as the plaintiffs
Mr. A (Defendant-Husband) filed also the objection for the application for impleading B’s heirs saying that there exists no cause of action because of the death of B to whom the life estate was given., and more over the heirs of B are married and living with their respective husbands since 25 years.
Mr A along with the above objections have filed an Application u/o XXII rule 2 for abatement of Plaint due the death of Plaintiff because the subject matter of the agreement in question was only for the maintenance for the deceased (wife of A).
Please suggest the rulings in support of Application u/o XXII rule 2 for abatement and dismissing the application u/o I rule 10.
note: As per the fact, the subject matter of agreement was only for maintenance and no transfer of property effected, no possession is handed over, there is no dispute that the plaintiff's heirs are daugthers of Deceased.
