Decided on May 13,1997

TARA DEVI Appellant
SHANTI DEVI Respondents


ARUN KUMAR GOEL,J.: - (1.)This appeal is filed by the plaintiffs against the judgment passed by Shri R.L. Sharma, Addl. District Judge, Solan and Sirmaur Districts Camp at Solan, HP. By means of impugned judgment dated 27 -12 -1984 in Civil Appeal No. 18 -S/13 of 1983, it has been held that since the application for bringing on record the legal representatives of Khushi Ram deceased one of the respondents in the appeal being not within limitation, it was dismissed. Since the appeal had abated consequently the same stood dismissed.
(2.)In order to properly appreciate the respective submissions made on behalf of the parties by the learned counsel, it is necessary to refer to a few facts. The suit was filed by Smt. Tara Devi, Salochna Devi and Shri Bhagwan Dass being daughters and son respectively of late Sh. Munna Lal against Khushi Ram and others for possession of land measuring 13 biswas comprised in KhasraNo.9 situated in Village Gadhon,Tehsil and District Solan along with house comprising three storeyed building having six big and six small rooms besides verandah. Trial court after hearing the parties and finally by means of judgment dated 28 -4 -1993 dismissed the said suit.
(3.)Judgment and decree passed by the trial court was questioned by the plaintiffs by means of Civil Appeal No. 18 -S/l 3 of 1983. During the pungency of the appeal, respondent No. l Khushi Ram had died on 6 -12 -1983 as per Ex. A -1 produced in evidence before the First Appellate Court. When the c ┬╗se was taken up by the Appellate Court. When the case was taken up by the appellate court below, on 28 -9 -1984, following order was passed: "28 -9 -94 For the Appellant: Shri. Amar Singh Kashyap., For the Respondent: Shri. R.K. Garg for respt. No.3 and also vice counsel for respt. No.5. Respondent No. 1 Khushi Ram is stated to have died. An application for bringing on record his LRs was already filed on 19 -7 -84. Copy of the application has already been given to the counsel opposite. To come up for reply on 22 -10 -84 for which date notices to the proposed LRs of the deceased Khushi Ram be also issued on filing of P.F. end Registered A.D. covers . Sd/ - Addl District Judge, Solan & Sirmeur Districts."

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