SHIV DAYAL Vs. SANTRAM

JUDGEMENT

(1.) THIS appeal is directed against the order dated 06/08/1997 passed by Ilnd Additional District Judge, Bilaspur. In Civil Appeal No. 23-A/90 whereby application filed by the applicants for bringing legal heirs of respondent No.3 on record under Order XXII rule 4 read with Rule 9 of the Code of Civil Procedure (for short, "the Code"), has been dismissed.

(2.) SMT . Purnimabai wife of appellant No.l filed a civil suit alleging that she purchased the suit property by a registered sale deed on 08-01-1976 from Smt. Puronibai and took possession of it. She further pleaded that Santram respondent No.1 asked for shelter in the house for four months but later he did not vacate the same despite notice and repeated request, therefore, the suit for declaration; mesne profit and possession was filed against Smt. Puronibai and Santram. Santram opposed the suit and pleaded that the suit property was purchased by Sukhru Devi Prasad and Mohan who were in joint possession of the same. Puronibai and her husband Devi Prasad adopted Santram and he alone is in exclusive possession of the suit property.

(3.) THE lower Appellate Court vide impugned order held that the appellants failed to establish sufficient cause for condonation of delay in bringing the legal representatives of Mehtar on record, therefore, the whole suit abated and accordingly vide impugned order dismissed the application and also dismissed the appeal.