JHAKRI Vs. KAMK RAM

JUDGEMENT

(1.) I have heard learned counsel for the parties and have gone through the record.

(2.) THE applicant through their counsel has moved C.M. Application No.1927 of 2006 for modification of the judgment and order dated 24.11.2003 whereby the second appeal was dismissed as not pressed.

(3.) LEARNED counsel for the applicant has submitted that during the pendency of the second appeal, the appellant no.1 Jhakri died in the month of June, 2003 leaving behind the applicant as his only son and legal heir. However no application for substitution to bring on record the legal heir of the deceased -appellant was moved before this Court. In the meantime, the appellant no.2 entered into compromise with the respondents without the knowledge of the applicant and got an application moved for dismissal of the second appeal by engaging another counsel and stating therein that the parties had entered into settlement outside the Court and as such the appeal be dismissed as not pressed.