LAL CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioners, who are the sons and legal heirs of the deceased plaintiff Maghu are aggrieved by the order dated 29-5-2000 of the learned District Judge, Kullu affirming the order dated 30-6-1999 of the Senior Sub-Judge, Kullu, refusing to set aside the abatement of the civil suit filed by the deceased Maghu.

(2.) THE facts giving rise to the present petition may be thus stated. Maghu, above-named, filed a suit for declaration and injunction claiming himself to be the owner and in possession of the land in dispute (as described In para 1 of the plaint) and for restraining the defendants from interfering in his ownership and possession. Such suit was decreed by the learned Senior Sub- Judge, Kullu on 2-6-1994. The defendants preferred an appeal against the judgment and decree dated 2-6-1994. Such appeal came to be registered as Civil Appeal No. 29 of 1995 on the files of the then Additional District Judge, Kullu. The learned Additional District Judge on 19-1-1996 allowed the appeal of the defendants and after setting aside the judgment and decree dated 2-6- 1994 of the learned trial Court remanded the case to the learned trial Court for decision afresh in accordance with law by recording findings on all the issues afresh after affording the parties an opportunity of being heard.

(3.) SIMILARLY on 21-11-1996 an application had been made by the respondents before this Court (who were appellants before the learned Additional District Judge) under Order 22 Rule 4, Code of Civil Procedure, for bringing on record the present two petitioners and their mother Nasru Devi as legal representatives of the deceased plaintiff-Maghu. This application was also accompanied by another application under Section 5, Limitation Act, 1963 for the condonation of delay in making the application under Order 22, Code of Civil Procedure.