BUDH RAM Vs. BANSI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been preferred against the Judgment and Order dated 30.11.2007 in FAO No. 345 of 2003 of the High Court of Himachal Pradesh at Simla by which it has upheld the Judgment and order of the 1st Appellate Court i.e. the Additional District Judge, Solan Camp, Nalagarh in Case No. 19-NL/13 of 2000, whereby the Appellate Court refused to condone the delay in filing the application for substitution of Legal Representatives (hereinafter called the LRs.) of the deceased respondent No.4, Smt. (Parwatu) and held that the appeal filed by the present appellants stood abated in toto.

(3.) The facts and circumstances giving rise to the present case are that the respondents, namely, Tulsi, Bansi and Hariya, all sons of Daulatia, instituted Civil Suit No. 207/1 of 1994 against the present appellants and some of their predecessors-in-interest alongwith Smt. Parwatu, widow of Nanta, a proforma defendant, for seeking declaration to the effect that plaintiffs/respondents were co-owners and co-sharers in joint possession to the extent of 17 Bighas, 8 Biswas and Smt. Parwatu, proforma defendant No. 6 was co-owner and co-sharer in joint possession to the extent of 5 Bighas, 15 biswas comprised in Khewat/Khatuni Nos. 15-16, Kitats - 32, total measuring 49 Bighas, 1 Biswa situated in Village Malag, H.B. 277, Pargana Nawan Nagar, Tehsil Nalagarh, District Solan (H.P.) with the consequential relief of permanent prohibitory injunction restraining the appellants/ defendant Nos. 1 to 5 from causing ouster and decree for joint possession.