NEELAM GULLA Vs. O P NANGIA

JUDGEMENT

(1.) PETITIONERS have challenged impugned order dated 3. 1. 2007 passed by Ld. Civil Judge.

(2.) IT is stated that the respondent/plaintiff has filed a suit for possession of plot No. 1, Block No. D, measuring 200 sq. yards, Bhagwan Dass nagar, Rohtak Road, New Delhi and for permanent injunction against Shri Subhash chand (now deceased ). During the pendency of the suit, Shri Subhash Chand died.

(3.) AFTER his death, the respondent/plaintiff moved an application for impleading petitioners as his legal representatives. The said application was allowed and the matter was fixed for 16. 11. 2005 for evidence of the petitioners/lrs of deceased defendant. It is stated that respondent/plaintiff has already led his evidence. It is further stated that on 16. 11. 2005 petitioners apprised the court that one of the legal representative is a minor and the said fact is in the knowledge of the respondent/plaintiff also and the matter was adjourned to 8. 2. 2006. It is further stated that on that day learned trial court was on leave and the matter was adjourned to 13. 4. 2006 for proper order. On the said date, petitioners apprised the court that their counsel was suffering from high blood pressure and sugar and was not in a position to appear before the court and the matter was fixed on that day for proper order only. Despite that Ld. Civil Judge closed their evidence and the matter was adjourned to 11. 7. 2006 for final arguments. Thereafter, petitioners moved application under Section 151 cpc for setting aside order dated 13. 4. 2006. However, the same was dismissed vide impugned order mentioned above.