RAJ DEVI Vs. PROMILA BAXI

JUDGEMENT

(1.) The petitioners, who were defendants in Civil Suit No. 257/1 of 2002, titled Smt. Promila Baxi v. Shri Sohan Singh and Ors. decided vide judgment dated 16.1.2008, Ex.P-4, by the learned Civil Judge (Senior Division), Kasauli, District Solan, have suffered the following decree of declaration:

(2.) Being aggrieved, they have taken the matter in appeal to the Court of the learned District Judge, Solan. However, the appeal having been filed beyond the prescribed period of limitation is stated to be accompanied by an application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal. Admittedly, even the said application is stated to have been once dismissed in default, was later on restored and is pending disposal.

(3.) However, in the meanwhile, the respondent being the plaintiff has filed execution petition for implementation of the aforesaid judgment, dated 16.1.2008. In that matter, the petitioners being respondents/judgment debtors, were granted sufficient opportunities to file objections and one such opportunity was last opportunity. However, on their failure to file objections within the time granted by the Court, their right to file objections was closed vide the impugned order dated 15.9.2009, which is to the following effect: