LEKHI AND ORS. Vs. SHAM LAL AND ORS.

JUDGEMENT

(1.) This order will dispose of Civil Miscellaneous Nos. 1044 -C, 1886 -C and 1887 -C of 1980.

(2.) Lakhi etc. Appellant having admitted that Ajri Appellant had died on March 27, 1970, during the pendency of R.S.A. No 749 of 1965, have moved Civil Miscellaneous No. 1997 -C of 1980 praying that the legal representatives of Ajri deceased may be allowed to be impleaded as Parties. They have also moved another, Civil Miscellaneous No. 1886 C of 1980 praying that the delay in filing Civil Misce, No. 1887 -C -1980 be condoned.

(3.) The admitted facts are that Sham Lal obtained a decree for possession of 37 Kanals 2 Marias of land against Lakhi, Sri Chand, Tulsi, Ajri and Badam from the Court of Senior Subordinate Judge, Gurgaon, vide order dated May 3, 1965. All the five judgment debtors preferred R.S.A. No. 749 of 1965, which was disposed of vide order dated November, 16, 1972. During the pendency of the regular second appeal, Ajri died on March 27, 1970 and his legal representatives were not impleaded as parties till its disposal. The learned Counsel for Sham Lal has argued that R.S.A. No. 749 of 1965 shall stand abated for not impleading the legal representatives of Ajri.