GAJRAJ SINGH AND ORS. Vs. SHYAMLATA AND ORS.

JUDGEMENT

(1.) Heard on admission.

(2.) The present civil revision under Sec. 115 of the Code of Civil Procedure, 1908, has been preferred by the petitioner against the order dtd. 20/7/2018 passed by the executing Court (Civil Judge Class -I, Chachoda) in Execution No.93- A/2002 whereby the application dtd. 29/6/2016 under Sec. 47 read with Sec. 151 of CPC and another application dtd. 6/7/2018 under Sec. 47 read with Sec. 151 of CPC filed by the petitioners, have been dismissed.

(3.) Precisely stated facts of the case are that Brijmohan Das (now deceased) and Usha Bansal instituted a suit on 02-05- 1990 for declaration of title and permanent injunction against the defendants which was later on amended seeking the relief of possession and mesne profits. Defendants appeared and contested the suit by filing written statement. During pendency of the suit, plaintiff No.1 Brijmohan Das died on 14/9/1996 hence his wife Shyamlata moved an application for substitution on 18- 11-1996 showing herself to be the only legal heir. It appears that one Abhishek claimed himself to be adopted son of plaintiff No.1 Brijmohan Das and also moved an application on 12/12/1996 which was considered and trial Court vide order dated 26-11- 1999 ordered to substitute name of Shyamlata. It further appears that on 17/12/1999 an application preferred by Abhishek was dismissed due to non appearance of Abhishek or his counsel and case was fixed for evidence of plaintiffs. After trial, the suit ultimately dismissed but at the same time, trial Court granted decree of specific performance in favour of defendants vide judgment and decree dtd. 29/10/2005.