THAKUR DASS Vs. AFLATOON

JUDGEMENT

(1.) SUIT filed by Thakar Dass for mandatory injunction for demolishing six rooms constructed by the defendants in a plot comprising Khasra Nos. 8/22 and 7/16/2 and for permanent injunction restraining the defendants from making any further construction and encroachment on the land comprising Khasra Nos. 8/21, 8/22, 7/16/2 or alienating the same was dismissed by the trial Court which judgment and decree were affirmed by lower appellate Court.

(2.) THAKAR Dass has filed Regular Second Appeal No. 247 of 1978 In this Court. During pendency of the appeal Thakur Dass died on February 18, 1985. An application under Section 5 of the Limitation Act (Civil Misc. No. 3444-C of 1985) for condo nation of the delay and another application under Order 22, Rule 3 read with Section 151 of the Code of Civil Procedure (Civil Misc. No. 3445-C/1985) for bringing on record fari Dev and Gurcharan Dev as legal representatives of Thakar Dass appellant ware filed it was mentioned in these applications that Thakar Dass had left behind a Will dated December 17 1981, a registered one, in favour of the applicants Hari Dev and Gurcharan Dev.

(3.) THEY contacted their counsel and came to know about the appeal. They had no knowledge about the period of limitation in the matter and could not move the application earlier within time. Notice of these applications having been given, a reply was tiled by the respondents opposing the same inter alia, alleging that Hari Dev, one of the applicants, had been prosecuting the case accompanying his father Thakar Dass and the applicants were fully aware of the pendency of the appeal. They further stated that in execution prccecdiugs an application was filed by Hari Devon April 11, 1585 for being impleaded as a party as legal representative of Thakar Dass. Annejuie R 1, certified copy of the ' application, was produced along with the reply. No coulter replication has been filed to controvert the allegations made therein.