LAKHI PATOWARY Vs. MADHABI TALUKADAR

JUDGEMENT

(1.) Heard Mr. S.Sharma, learned counsel for the appellants and also heard Mr. C. K. Sharma Baruah, learned Senior Counsel appearing on behalf of the respondent Nos. 1 and 2.

(2.) This appeal arises out of a composite order dated 30/11/2002 passed by the learned Civil Judge, senior Division No. 2, Guwahati in Title Suit No. 53/1992. By the said order, the learned trial court rejected the prayer of the plaintiffs/appellants for setting aside the abatement by condoning the delay in filing the petition for substitution of the legal heirs of the deceased defendants No. 3 and 5. The learned trial court also rejected the prayer made by the heirs of the deceased defendant No. 3 for impleading them as party defendant in the Suit in exercise of power under Order 1 Rule 10 of the Code of Civil Procedure.

(3.) By filing T.S. No. 53/1992 on 18/6/1992 in the court of learned the then Assistant District Judge No. 1, Guwahati, the plaintiffs/appellants inter alia prayed for a declaration that the sale deed No. 4026 dated 26/7/1991 of the Gawahati sub-registry is fraudulent, collusive and null and void and the same is not binding upon the plaintiffs and is liable to be cancelled. In the aforesaid suit, an order of injunction restraining the defendants from the construction of any boundary wall or any other constructions in the disputed property having been passed by the learned trial court in Misc. (J) Case No. 52/92 vide order dated 19/6/1992 and subsequently after hearing the parties, the learned trial court having vacated the same on 25/9/92, the plaintiffs preferred an appeal challenging the same, being No. MA (F) 120 of 1992 before this Court.