KAMLESH Vs. TEKCHAND

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, inter alia, challenging the order dated 11-1-2001 (Annexure No. 6 to the writ petition) passed by learned First Addl. Civil Judge (Junior Division), Ghaziabad.

(2.) It appears that Original Suit No. 20 of 1984 was filed by one Tek Chand against Ram Bal and others. The said suit was dismissed by the judgment and order dated 6-12-1988 by VIth Addl. Munsif, Ghaziabad. Thereupon, the plaintiff, Tek Chand (respondent No. 1 herein) filed an appeal being Civil Appeal No. 198 of 1988. The said Civil Appeal No. 198 of 1988 was allowed by the learned IIIrd Addl. Civil Judge, Ghaziabad by his judgment and order dated 30-1-1991 whereby the judgment and order dated 6-12-1988 was set aside, and the matter was remanded for being decided afresh.

(3.) During the pendency of the suit after remand, it appears that Hemi, son of Raje (defendant No. 8 in the suit) died, and an application dated 18-8-2000 (Annexure No. 3 to the writ petition) was filed on behalf of the defendants in the suit, inter alia stating that the said Hemi, Son of Raje (defendant No. 8 in the suit) had expired in the year 1997, and the said suit had abated.