HANS RAJ Vs. GOPI VALLABH

JUDGEMENT

(1.) Heard Mr. Amit Jindal, the learned counsel for the applicant.

(2.) The factual background, in short, is that the applicant had preferred an appeal before this Court being D.B. Special Appeal (Civil) No.63/1997, challenging the judgment and order dated 28.05.1996 passed by the learned Single Judge in S.B. Civil First Appeal No.108/1980. It has been contended that one Gopi Vallabh is the sole respondent, who expired on 30.12.2011. Meanwhile, the execution petition had been filed by him. Thereafter, an application was filed before the learned Executing Court on 01.10.2012, mentioning about his demise and seeking substitution of his heirs and legal representatives in his place.

(3.) The aforementioned appeal i.e. D.B. Special Appeal (Civil) No.63/1997 had, in the meantime, been dismissed for non-prosecution. The same was, however, restored on 30.07.2013. Subsequent thereto, on 17.09.2013 the appeal was listed and the Division Bench noticing that heirs and legal representatives of the deceased-respondent had not been substituted in his place by then, dismissed it for having abated.