RAKESH SHARMA,J. - (1.) HEARD Sri S.D. Singh, learned counsel for the appellant, Hindustan Aeronautics Limited, Chakeri, Kanpur (hereinafter referred to as the HAL) and Sri Arvind Srivastava, who is representing the respondent-applicants.
(2.) THE present First Appeal has been filed against the judgement and decree dated 1st December, 1992, passed by the Ist Additional Civil Judge, Kanpur Nagar in Original Suit No. 714 of 1983, Kanhaiya Lal Verma Vs. Hindustan Aeronautics Limited. This Suit was partly decreed by the 1st Additional Civil Judge, Kanpur Nagar holding that the plaintiffs (respondents herein) were owners in possession of Plot No. 207, area 9 Bigha 11 Biswa, Plot No. 209/1, area 15 Bigha 6 Biswa and Plot No. 230/2, 8 Bigha 10 Biswa. It was also held that the Defendants have no title or possession over the land in dispute. While entertaining the Appeal preferred against the said judgment and decree, an interim order was passed by this Court on 28.1.1993 staying the operation of the judgment dated 1.12.1992 and the decree passed by the 1st Additional Civil Judge, Kanpur Nagar. Before this Court objections/counter affidavits were filed by the respondents contesting the appeal highlighting therein that they are in possession over the property in dispute. After presentation of this Appeal in the year 1993, Respondent no.6, Sri Rama Krishna, had expired on 26th January, 1994. The factum of death of Rama Krishna, plaintiff/respondent no.6 was brought to the notice of the appellant, that is, M/s. HAL, on 7th March, 1994. According to Sri Arvind Srivstava, learned counsel for the respondents, the learned counsel for the HAL was informed of this date and this fact of death and an intimation to this effect was recorded in the ordersheet of the lower court. The representative of HAL was present in the court and he has also put his signature in the ordersheet of that date, that is, 7th March, 1994 and thereafter the case was listed before the lower court. At the time of sending back of the record to the lower court, a formal endorsement was made on 2nd July, 1994 recording this development. The deceased respondent no.6 left behind his four sons, his legal heir and legal representatives. M/s. HAL, the appellant, till date has not taken any steps whatsoever to substitute heirs of deceased respondent no.6. A death certificate of respondent no.6 as well as ordersheet of the proceedings in Misc. Case No. 18/74/93 arising out of the application moved by the appellant for correction of the decree was placed on record. These documents find place as Annexures 1 and 2 to the affidavit submitted by the respondents seeking formal orders that the appeal had already stood abated.
(3.) AT the time of submission of this application on 5.3.1997, a copy of was given to then learned counsel for the appellant (HAL) on 4.9.1997. However, Sri S.D. Singh, learned counsel for the appellant, HAL, has denied that any such application was ever given to him when the case came up for hearing. It appears from the record that Sri S.D. Singh was not counsel for the appellant on 4.9.1997 or at the time of filing of the appeal. However, a copy of the application was immediately made available to him by the Court. Even after receiving the copy of the application, no attempt has been made for impleading the legal heirs of Sri Rama Krishna, respondent no.6.;