LAWS(MPH)-1994-9-60

BABU LAL Vs. RAMESH BABU

Decided On September 30, 1994
BABU LAL Appellant
V/S
RAMESH BABU Respondents

JUDGEMENT

(1.) LITTLE did the present petitioners or their predecessors ever contemplated that the end result of the litigation arising out of mortgages created in first decade of this century would fall on them and that they would have to face this litigation in the last decade of this century.

(2.) THIS petition preferred under Article 227 of the Constitution of India arises out of the following facts.

(3.) THE further fact is that on 25th July, 1966 one Brij Bhushan Dass who was the legal heir of Narayan Dass filed an application under Order 21 Rule 2 of the Code of Civil Procedure, 1908. This was for adjustment of the decree. The further prayer was that the adjustment may be certified. This application preferred under Order 21 Rule 2 of the Code of Civil Procedure, 1908 was accepted by the Court in which the application was filed.