KIRPA RAM Vs. DURGA DEVI

JUDGEMENT

(1.) The short issue involved in the present petition pertains to the application of the respondent no.1 under Order XXII Rule 9 of the Code of Civil Procedure, 1908 ('CPC') for setting aside abatement of the suit being allowed by the learned trial court vide the impugned order dtd. 22/1/2018 in the suit bearing no. 1201/88 renumbered as 611499/2016 titled "Durga Devi vs Kirpa Ram through his LRs and others'.

(2.) The petitioner is one of the legal representatives of Late Shri Kirpa Ram, who was the original defendant before the learned trial court. The respondent no.1 is the answering respondent and the other respondents are proforma parties.

(3.) Facts in crux are that the Late Shri Kirpa Ram allegedly took a loan of Rs.50,000.00 from the husband of the respondent no.1 Sh. Roshan Lal against his property bearing no. WZ-103, Meenakshi Garden, New Delhi. Her husband then allegedly on 9/2/1988 prepared an agreement for sale of the said property in favor of his wife on the pretext of loan given against the said property.