GIBSON Vs. RAMJI DASS

JUDGEMENT

(1.) LATE Sh. Gibson had filed a suit for possession for the property in dispute as described in the plaint against Sh. Ramji Dass, defendant-respondent No. 1. Sh. Gibson asked for the decree in his favour and in favour of proforma defendants No. 2 to 6 (respondents). The trial Court decreed the suit. In an appeal before the first Appellate Court preferred by Sh. Ramji Dass, defendant-respondent, the judgment and decree passed by the trial Court were set aside and the appeal was accepted vide judgment dated 3.3.1994. Sh. Gibson, the original plaintiff preferred the present Regular Second Appeal No. 123/94 before this Court assailing the judgment and decree passed by the first Appellate Court.

(2.) SH . Gibson died during the pendency of the appeal on 18th August, 1995. The present application under Order 22 Rule 3 read with Section 151 C.P.C. for bringing on record the legal representatives of the deceased appellant was filed with the additional prayer of setting aside the abatement and condoning the delay in moving the application. This application was filed by Sh. Asha Ram proforma respondent No. 4. It was pleaded in this application that the sole appellant Sh. Gibson died on 18th August, 1995 during the pendency of the appeal and the right to sue survived. Following were named the legal representatives of the deceased-appellant:

(3.) THIS application has been contested on behalf of the defendant- respondent No. 1.