HARAK CHAND Vs. SIDDIQUE MOHD

JUDGEMENT

(1.) THE present appeal has been filed by the defendant � tenant Harak Chand under Section 100 CPC before this Court on 06.07.1994 against the concurrent decree of courts below for eviction on the ground of bonafide necessity of the landlord in respect of the suit shop in question ad measuring 7 x 10 ft. situated at Ladnu, district Nagaur.

(2.) A co-ordinate Bench of this Court framed the following substantial questions of law vide order dated 04.02.1997:

(3.) ALONG with the said application under Order 22 Rule 3 read with Rule 9 CPC, a prayer for setting aside of the abatement of the appeal has also been made and a separate application under Section 5 of the Limitation Act namely IA No.10160/2012 has also been filed by the defendants � legal representatives, to which a reply has been filed on behalf of the plaintiff � respondent � landlord and the said applications and appeal have been contested.