RAM BHAROS CHHAPARIYA Vs. NEETA DEVI

JUDGEMENT

(1.) This order shall govern the disposal of I.A. No. 01, an application under Order 22 Rule 9(2), 3 read with Rules 3 and 11 of the Code of Civil Procedure (for short 'the Code') for setting aside the abatement of appeal and for substitution of names of the applicants as appellants in place of deceased appellant-Ram Bharos and I.A. No. 02, an application under Section 5 of the Limitation Act for condonation of delay in filing the application (I.A. No. 01) for setting aside the abatement. The plaintiff-respondent filed a suit for specific performance of Contract against the original appellant/defendant-Ram Bharos.

(2.) The 6th Additional District Judge, Durg decreed the plaintiff's suit bearing Civil Suit No. 10-A/2000 vide judgment and decree dated 20.01.2001.

(3.) Feeling aggrieved and dissatisfied with the judgment and decree impugned, the instant appeal under Section 96 of the Code has been preferred by the appellant/defendant-Ram Bharos.