BABU RAM Vs. NAND KISHORE

JUDGEMENT

(1.) PRESENT appeal was filed by the plaintiff/appellant Babu Ram (since deceased) through his widow Smt.Satya Devi, being his sole legal representative. The appeal is directed against the judgment and decree of reversal dated 13.10.1992 whereby while accepting the appeal of defendant Nand Kishore the judgment and decree dated 15.5.1989 passed by the learned Sub Judge Ist Class, Pathankot decreeing the suit for declaration and injunction was set aside and the suit dismissed.

(2.) THE present appeal was admitted vide order dated 26.4.1993.

(3.) SUBSEQUENTLY the applicant/defendant has moved CM No.14331-C/2011 under Order 22 Rule 1 read with Rule 11 and Section 151 CPC for ordering the present appeal to have abated in view of death of the plaintiff/appellant-Babu Ram and his widow Smt.Satya Devi as per aforesaid death certificates Annexures A1 and A2, leaving behind no legal representatives to pursue the present appeal. Notice of the application was issued to Sh.R.N. Moudgil, Advocate, counsel for the plaintiff/appellant for today. As per office report the counsel has been served. He, however, chose not to appear for the reasons best known to him.