RAM KISHAN Vs. HARBAGAS AHIRWAR

JUDGEMENT

(1.) THIS order shall dispose of I. A. No. 5969/98 for substitution of legal representatives of Layachibai arrayed as respondent No. 3, I. A. No. 8135/98 for setting aside abatement, I. A. No. 5970/98 for condonation of delay in filing the application for setting aside abatement. There are other interlocutory applications. Decision on those applications shall be necessary only if this Court comes to the conclusion that the appeal did not abate as a whole.

(2.) IT is necessary to express the relevant facts in a nutshell. Harbagas Ahirwar obtained a decree against Ram Kishan, Ram Kripal, Hari Bai, Layachi Bai (Hari Bai and Layachi Bai are legal representatives of Hajarilal Ahirwar, the defendant No. 3) and Om Prakash in the following terms :-It was declared that:-

(3.) AGGRIEVED by the judgment and decree of the Trial Court, this appeal was filed by Ram Kishan, Om Prakash and Ram Kripal. Ram Kishan was defendant No. 1 and Ram Kripal was defendant No. 2 Om Prakash was arrayed as defendant No. 4. The appeal was not filed on behalf of the defendant No. 3 (b) Hari Bai and defendant No. 3 (c) Layachi Bai and also the other defendant Nos. 5, 6, 7, 8, 9 and 10 did not file any appeal and they have not been made parties to this appeal.