RAMLAL CHOURASIA Vs. GANESH PRASAD

JUDGEMENT

(1.) THIS is an appeal by the defendants against order dated November 24. 1981 passed by the District Judge, Satna. whereby Civil Appeal No. 3-A of 198 1 was dismissed as abated.

(2.) RESPONDENT Ganesh Prasad filed a suit for eviction of Kashi Prasad (since deceased) and Ramlal from the suit shops and for damages during the pendency of the suit. The suit was decreed by judgment dated October 1 8, 1 976. The defendants filed first appeal in which, by order dated August 16, 1977. four new issues were framed by the appellate Court and remitted to the trial Court under Rule 25 of Order 41, Civil Procedure Code (hereinafter called 'the Code") with a direction to record evidence, and remit its findings.

(3.) THE plaintiff filed Civil Revision No. 1292 of 1977 in this Court which was dismissed by order dated 30-1 -1979.