MANGU SINGH Vs. BANKI DAS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This review petition is against the order dated 7-7-2004 passed by this Court dismissing the SBCMA No. 18/2004,

(3.) Brief facts of the case are that, a Suit for eviction from the rented premises was filed by the plaintiff Ramji Lal against Mangu Singh and ors. The suit was decreed by the trial Court on 30-9-1994. During pendency of the suit, respondent-plaintiff died on 21-5-1988. The appellants, after seven months from time of death of the respondent, submitted an application seeking permission to implead legal representatives of the respondent before the first appellant Court. The application was not supported by any affidavit and further, no application or affidavit for condonation of delay was filed by the appellants. Even there was no prayer for setting aside of the abatement of appeal in the application. Before above application could be decided by the Court, the appeal was dismissed in default on 7-1-1999.