THAKUR BIR RANDHIR SINGH Vs. THAKUR KARTAR SINGH

JUDGEMENT

(1.) Only short point is involved in this appeal. I have heard the arguments and proceed to dispose of this appeal.

(2.) This appeal is directed against order dated 4/12/1989, byand Additional District Judge by which he had dismissed the applicationmoved by the appellant under Order XXII, Rule 4 read with Section 151 ofthe Code of Civil Procedure tor bringing on record legal representatives ofdeceased respondent-Kartar Singh. The application was dismissed as beingtime barred.

(3.) A suit was brought by the deceased-respondent for recovering ofpossession which was decreed vide judgment dated 29/05/1982. Theappellant had filed the appeal before the first appellate Court and on 9/08/1988, Counsel for the respondent informed the appellant that respondenthad died on 25/02/1988. An application for bringing on record thelegal representatives of deceased respondent was moved on 7/12/1988. In the application there were no facts mentioned which could entitlethe applicant-appellant to prove that there existed any sufficient cause forsetting aside of abatement of the appeal.