K.C.Agarwal, Srinath Sahay, JJ. - (1.) This is an appeal under Order XLIII, Rule 1 (w) of the Code of Civil Procedure against the order of the Third Additional Civil Judge, Dehradun, dated 7-11-1988, granting the review application made by Neel Ratan Chopra, Smt. Manorama Chopra, and Km. Manika Chopra, for recalling the order dated 7-9-1988, and allowing the substitution application filed by them for being brought on record in place of the deceased Shiv Ratan Lal Chopra.
(2.) Briefly, the facts relevant for this appeal are that Col. Har Kishan Lal Chopra filed Suit No. 212 of 1977, in the court of the Civil Judge, Dehradun, for the following, amongst other, relief : "A. That a decree be passed in favour of the plaintiff and against the defendants for a declaration that the plaintiff is owner of the property marked by letters K W L G J I H in the plan attached to the plaint which consists of about 31/4 Bighas of land and 12 servant quarters, one garage, two latrines and foundations of a new cottage and fruit trees etc., being part of property No. I Old Survey Road, Dehradun."
(3.) Col. Har Kishan Lal Chopra alleged that he was the eldest son of R. B. Chhuttan Lal from his first wife, and that defendants 2 and 3 were his step brothers and sons of R. B. Chhuttan Lal from his second wife Smt. Kaushaliya Rani. R. B. Chhuttan Lal died on 21-8-1974. On the allegations made in the plaint, the details of which are not necessary to be stated in this judgment, he claimed the relief quoted above. In the suit, the following persons were parties : 1. Brig. Purshottam Lal Chopra. 2. Maj. Shiv Ratan Lal Chopra. 3 Neel Ratan Lal Chopra, S/o Maj. Shiv Ratan Lal Chopra. 4. L. M. Pasricha.;