JAGAN NATH Vs. ISHWARI DEVI

JUDGEMENT

(1.) Ishwari Devi filed a suit for possession of land forming part of Khata No. 21 min, Khatauni No. 147, measuring 0 -07 -64 Hectares, situate in Mohal Rajinder Nagar, Tehsil Palampur, District Kangra. Jagan Nath and two others were defendants in the suit. The case against them was that they had forcibly occupied the land and were not vacating it inspite of efforts. Various defences were taken by the defendants. They claimed that they were in possession over it for a very long time and had acquired rights thereon. The trial court decreed the suit on October 25, 1982. The defendants assailed the decree by filing C. A. No. 310 of 1982 on November 22, 1982. The appeal remained pending for several years. One of the defendants, namely? Jagan Nath died on January 28, 1986. No steps to bring his legal representatives on record were, however, taken.

(2.) The lower appellate court, namely, the learned District Judge Kangra at Dharamsala, heard the appeal and disposed it of on merits by his judgment dated April 9, 1987. It was not brought to the notice of the court below that no steps to bring the heirs of the deceased on the record of the appeal were taken. The defendants then filed the present R. S. A. No. 191 of 1987 in this court on July 6, 1987. In it, they are assailing the decree against them.

(3.) In the memorandum of this second appeal also Jagan Nath has been shown as one of the appellants. However, in this court an application has been made on behalf of the defendants -appellants for setting aside the abatement of the appeal and praying that the heirs of the deceased Jagan Nath be brought on the record as appellants. This is C. M P (M) No U2 of 1988 Another application (C. M. P. No. 205 of 1988) has also been filed seeking condonation of delay in the moving of the above application. The appeal, together with these applications, is listed today.