SHAMBHUSINGH Vs. TEJSINGH

JUDGEMENT

(1.) Taken up for consideration I.A.No.2543/2020, an application filed under Sec. 5 of the Limitation Act for condonation of delay, I.A.No.2544/2020, an application filed under Order 22 Rule 3 read with Sec. 151 of CPC, I.A.No.2545/2020, an application filed under Order 22 Rule 4 read with Sec. 151 of CPC for bringing the LR's of respondent No.1 on record and also on the application, ie., MCC.No.1010/2020, which is filed under Order 22 Rule 9 read with Sec. 151 of the CPC for setting aside the abatement of the Second Appeal No.78/1996, which was abated vide order dtd. 06/05/2011.

(2.) Short facts of the case are that civil second appeal under Sec. 100 of the Civil Procedure Code, 1908 was filed against judgment and decree dtd. 18/12/1995 passed by the 3rd Additional District Judge, Mandsuar in Civil Regular Appeal No.42-A of 1989, thereby confirming the judgment and decree dtd. 30/8/1986 passed by the 2nd Civil Judge, Class I, Mandsaur in Civil Suit No.316/1986. Thus the second appeal was against concurrent findings of the two Courts.

(3.) For the clarity of facts original cause title between the parties (in the Second Appeal) is reproduced here in below :-