YASHWANT RAJ Vs. SADANAND SINGH

JUDGEMENT

(1.) THE substantial question of law formulated and to be answered in this second appeal is as under Whether the first appellate court was justified in dismissing the first appeal only on the ground that the appellant did not make any efforts for getting impleaded themselves before the trial Court during the 11 years, when the matter was pending before the trial Court -

(2.) THE imperative facts required for determination of this appeal are as under: -

(3.) THEREAFTER , present appellants being the sons, daughters and widow of Amarchand Bangani filed an appeal under section 96 of the Code of Civil Procedure alongwith an application under Section 151 of the Code of Civil Procedure stating inter alia that the suit property originally owned by their grandfather late Shri Prathviraj and after his death their father has inherited the suit property. It was further pleaded that since the name of plaintiff's father - Bhavnath Singh is recorded in the revenue records, the trial Court has decreed the suit in plaintiff's favour. It was further pleaded that after the death of their grandfather Prathviraj, the plaintiffs and defendant No. 3 and 4 have inherited the suit property. The said application was rejected by the trial Court on 20.09.2012 holding that the appellants did not take any steps for their impleadment during the pendency of suit for the last 11 years and, thereafter, dismissed the appeal.