ONKAR SINGH AND OTHERS Vs. BANTO DEVI

JUDGEMENT

(1.) This appeal has been preferred by the defendants against the judgment and decree of the learned appellate Court reversing the judgment and decree of learned trial Court which has dismissed the case of the plaintiff-respondent.

(2.) The suit has a chequered history. Initially the suit was filed on 16.3.1992 which was decided and disposed of by learned Senior Sub Judge, Hamirpur on 9.3.1998. The appeal was preferred before learned District Judge, Hamirpur which was disposed of on 26.3.2004. It transpired that Shri Ram Krishan defendant had died during the pendency of the suit and in that eventuality the decree of the learned trial Court was set aside and suit remanded for decision afresh after granting an opportunity to the plaintiff to take adequate steps for bringing on record the legal representatives of the deceased defendant No.6.

(3.) An application under Order 22 Rule 4 of the Code of Civil Procedure (hereinafter referred to as 'CPC') was filed by the plaintiff which was dismissed and the suit against defendant No.6 stood abated.