CHANDRO DEVI Vs. MANAV BHARTI INDIA INTERNATIONAL SCHOOL

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed order dated 21st December, 2012 passed by the Learned Civil Judge, whereby the application of the respondent under Order XXII Rule 9 read with Section 151 CPC was allowed and the suit abated in 2001 upon the death of the sole defendant was restored.

(2.) THE petitioners being legal representatives of Late Laxmi Chand, instituted a suit for permanent injunction against the respondent restraining them from dispossessing him from the suit property as Suit A which was pending when Laxmi Chand died on 28th November,2000.

(3.) VIDE order dated 7th October, 2002 passed by the Learned Civil Judge, the application filed by the respondent under Order 22 Rule 5 CPC for determination of legal representative of the deceased was dismissed.