BHUTESHWAR Vs. INDRU

JUDGEMENT

(1.) THE present appeal is directed against the judgment and decree dated 7.11.2001 passed by learned Additional District Judge, Mandi, Camp at Karsog in Civil Appeal No. 39 of 2001 whereby he affirmed the judgment and decree dated 20.3.2001 passed by learned Sub Judge 1st Class, Karsog in Civil Suit No. 102/2000/94.

(2.) THE brief facts as necessary for the disposal of the present appeal are that the plaintiff/appellant filed a suit for decree of specific performance, which suit was decreed and in appeal it is noticed that the defendant No. 1 had died and, therefore, vide judgment and decree dated 8.9.2000 the suit was remanded to the learned trial Court for fresh decision in accordance with law with the directions to afford opportunity to the plaintiff to move proper application for deletion of the name of defendant No. 1 Janku or bringing on record his legal representatives, if otherwise legally advised.

(3.) ON appeal being carried out before the learned lower Appellate Court, the learned lower Appellate Court vide judgment and decree dated 7.11.2001 was pleased to affirm the judgment and decree dated 20.3.2001 by assigning the following reasons: