KATORI DEVI Vs. NAWAB SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This is defendant's second appeal.

(3.) One Lochan Singh executed an agreement to sell in favour of respondent- plaintiff Nawab Singh on 1st July, 1995. Before the sale-deed could be executed in terms of agreement to sell, Lochan Singh expired. For specific performance of the contract, Nawab Singh filed original Suit No. 141 of 1996, impleading the mother of Lochan Singh, namely, Ramshree, as the defendant being the legal heir of Lochan Singh. In between, said Ramshree is stated to have executed a sale-deed in respect of same property in favour of Katori Devi and Sushila Devi. During the pendency of the suit, said Ramshree also expired and in her place, an application for substitution of grand-son of Ramshree namely, Shanker, who was minor at the relevant time, and was orphan, as his mother and father pre-deceased the grand mother, was filed through his sister, namely, Babali. On the substitution application, notices were issued. It appears that natural guardian, Babali did not respond to the notice and therefore, an application was made by the plaintiff for appointment of an advocate as Guardian to Shanker under order of the Court with reference to the provisions of Order XXXII Rule 3 of the Code of Civil Procedure. Before formal orders could be passed on the application, Babali responded and appeared to protect the interest of her minor brother. She appeared before the trial Court and filed her written submissions. She also contested the proceedings in the suit filed by Nawab Singh. The suit was ultimately decreed under judgment and decree dated 31st January, 2007. Not being satisfied, Shankar through his sister Babali as well as subsequent purchasers, namely, Katori Devi and Sushila Devi filed Civil Appeal No. 13 of 2007. The appeal filed has also been dismissed by the first appellate Court vide judgement and order dated 31st May, 2008. Hence the present second appeal.