KALUA GYASIYA Vs. SUSHILA BABULAL

JUDGEMENT

(1.) SHRI Anil Mishra, Advocate for the appellant. Shri C. R. Roman, Advocate for the respondents. Shri J. D. Suryavanshi, Govt. Advocate for State. Heard counsel. A suit was filed by Babulal, Banwarilal, Swaraj Prakash, Kanchanbai and Prembai. The suit was decreed. The main plea taken was that the predecessor of the plaintiffs had never donated the land to the Bhudan Yagya board, therefore, the patta given by the Bhudan Yagya Board to the present appellant, Kalua, was bad. As stated above, the suit was decreed. Against the judgment and decree so passed, the State preferred an appeal. During the pendency of that, Babulal, the plaintiff died. An application for bringing his legal heirs was filed. It was dismissed on the ground that it was barred by limitation. Babulal died on 4th of February, 1994. An application for bringing his legal heirs in terms of Order XXII, Rule 4 of the Civil Procedure Code, was filed on 21-4-1995, On account of the delay which was more than a year, the State appeal was dismissed as having been abated.

(2.) AGAINST the order by which the appeal was dismissed as having abated, the State has not preferred an appeal but Kaluva in whose favour the patta was issued by Bhudan Yagya Board has preferred an appeal. The heirs of Babulal have been brought on the record.

(3.) AN argument has been raised by the learned counsel for the respondents that Kalua cannot file this appeal. This argument cannot be accepted.