CHAMAN LAI Vs. ASHA RANI

JUDGEMENT

(1.) This revision petition is directed against the order dated 9 -6 -1998 passed by the learned District Judge, Bilaspur whereby the applications, one under Order 22, Rule 3 and under Order 1, Rule 10 C.P.C. and the other under Section 5 of the Limitation Act for condoning the delay in filing the former application, have been allowed and the legal representatives of the deceased appellant, have been ordered to be brought on record.

(2.) I have heard the learned counsel for the parties and have also gone through the records.

(3.) It has been contended for the petitioner that the aforesaid applications which were opposed have been allowed without affording any opportunity to the parties to lead evidence. On the other hand, it was contended for the respondents that keeping in view the nature of the applications, the appellate Court was justified in deciding the applications on the basis of the contents of the applications and the replies thereto and it was not necessary to record evidence.