Prakash Krishna, J. - (1.) THE present writ Petition is on behalf of a person who purchased the disputed property during the pendency of the litigation knowing well about the litigation and whose application for impleadment has been rejected by the impugned order passed by the Appellate Court.
(2.) THE facts leading to the filing of the present writ Petition may be noticed in brief. The dispute relates to plot No. 869 area 54.00 decimals situate in village Baghauch, Tappa Malsi Saraini, Pargana Sidhuwa Jobna, Tehsil and District Deoria. The said plot originally belonged to Haridwar Rai, Respondent No. 2 herein. He transferred the said plot by means of a sale deed dated 7th of March, 1983 executed in favour of two persons namely Sukhdev Shah (father of Respondent Nos. 3, 4, 5) and Uma Shanker, Respondent No. 6. Haridwar Rai instituted suit No. 1416 of 1989 against the aforesaid two persons namely Sukhdev Shah and Uma Shanker for cancellation of the sale deed dated 7th of March, 1989. On 26th of April, 1990 the suit was decreed exparte. An application to set aside the exparte decree under Order 9 Rule 13 Code of Civil Procedure was filed which was dismissed in default on 9th of October, 1998. Another application was filed by them to recall the order dated 9th of October, 1998 on the ground that the counsel could not reach the Court in time. It was supported with an application under Section 5 of Limitation Act for condonation of delay in filing of the restoration application. The said application was hotly contested by Haridwar Rai, Plaintiff and was dismissed on 14.2.2002. Challenging the said order Misc. Appeal No. 10 of 2002 was filed by them against Haridwar Rai.
(3.) IN appeal Sukhdev died leaving behind him his sons namely Suresh, Pradeep and Dilip, Respondent Nos. 3, 4 and 5 herein as his heirs and legal representatives. The substitution application was allowed.;