MOTI LAL Vs. TOTA RAM

JUDGEMENT

(1.) This revision is filed by the petitioner against an order passed by Sub Judge 1st Class, Manali at Kullu on 16th October, 1998inCMANo. 143/VI/98 in Civil Suit No. 112/98/95. The order was passed in an application filed by the petitioner under the provisions of Rules 3 and 9 of Order 22 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code).

(2.) The case of the petitioner was that one Smt. Kali filed a suit against defendants -respondents for injunction and alternatively for possession. As stated in the plaint, she was the owner of land measuring 1 -7 Bighas in khasra Number 3264, Khatta Khatauni No. 681/1124 incorporated in the Jamabandi for the year 1992 -93 of Phati Nasogi, Kothi Manali, Tehsil and District Kullu and the defendants had no right, title or interest in the property.

(3.) During - the pendency of the suit, Smt. Kali died and that present petitioner made an application stating therein that he was the husband of by Kali and he should be permitted to prosecute the suit. As there was delay in making an application, a prayer was made to condone delay to set aside abatement of suit and to allow the petitioner -applicant to prosecute the matter further.