VISHNU KANTA Vs. JAGDISH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is aggrieved against the order dated 5. 12. 2001 by which the trial court allowed the plaintiff's application filed under Order 22 Rule 4 read with Rule 9 CPC dated 20. 10. 2000 and refused to dismiss the suit as abated.

(3.) LEARNED counsel for the petitioner submitted that the trial court decreed the plaintiff's suit for redemption of mortgaged property by judgment and decree dated 30. 9. 1982. Said decree of the trial court was challenged by both the parties by preferring separate appeals which are Civil Appeal Decree No. 30/1982 preferred by Ganga Shanker and Jagdish and Civil Appeal Decree NO. 31/1982 preferred by Ram Chandra and Manohar Lal. The appellate court by judgment dated 25. 4. 1985 allowed the appeal and remanded the case back to the trial court for appointing Commissioner for taking the accounts and thereafter to decide how much amount is due and in whom the amount is due and thereafter to pass a decree for the money and for possession of the mortgaged property.