SANJIV KUMAR Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal assails the interim order dtd. 13/11/2024 (hereinafter referred as the "impugned order") passed by the High Court of Punjab and Haryana at Chandigarh (hereinafter referred as the "High Court"), whereby it allowed the application CM No. 8414-C of 2024 in the Regular Second Appeal No. 1795 of 1990 filed by the Appellant (plaintiff) herein by recalling its earlier order dtd. 13/8/2024 and proceeded to adjudicate upon the applications filed by the Respondent Nos. 3 and 4 (subsequent purchasers), i.e., (i) CM No. 13866-C of 2023 for condonation of delay of 2109 days under sec. 5 of the Limitation Act, 1963; (ii) CM No. 13867- C of 2023 for restoration of Regular Second Appeal under Order XLI Rule 19 of the Code of Civil Procedure, 1908 (hereinafter referred as the "CPC "); and (iii) CM No. 13868-C of 2023 and CM No. 13835-836-C of 2023 in XOBJS-20- C-1990 for impleadment in the main appeal as well as cross-objections under Order XXII Rule 10 of the CPC.

(3.) The primary grievance of the Appellant is that the High Court vide common impugned order dtd. 13/11/2024 allowed the aforementioned applications, thereby condoned the delay of 2109 days, restored the second appeal (originally preferred by Respondent Nos. 1 and 2, the so asserting prior owners of the suit property), and impleaded Respondent Nos. 3 and 4 as assignees of the Respondent No. 1 in the main appeal as well as cross-objections who had purchased a part of the suit property.