BANWARI LAL AND ORS. Vs. BALBIR SINGH
LAWS(SC)-2015-8-73
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on
August 25,2015
Banwari Lal and Ors.
Appellant
VERSUS
BALBIR SINGH
Respondents
Referred Judgements :-
SITAL PRASAD SAXENA VS. UNION OF INDIA [REFERRED TO]S AMARJIT SINGH KALRA VS. PRAMOD GUPTA [REFERRED TO]
Cited Judgements :-
MADANLAL LRS. SMT. DURGAWATI VS. LAXMINARAYAN @ LAXMAN [LAWS(MPH)-2019-8-134] [REFERRED TO]CHHAGANBHAI LAVJIBHAI PATODIYA VS. NITINBAHI KANAKBHAI VYAS [LAWS(GJH)-2022-8-881] [REFERRED TO]
KASHIRAM SAHU AND ANOTHER VS. RAMESAR ALIAS RAMESHWAR SAHU AND OTHERS [LAWS(CHH)-2017-9-19] [REFERRED TO]
KASHIRAM SAHU AND ANOTHER VS. RAMESAR ALIAS RAMESHWAR SAHU AND OTHERS [LAWS(CHH)-2017-9-19] [REFERRED TO]
BED RAM VS. MANMOHAN MALHOTRA & OTHERS [LAWS(HPH)-2017-5-122] [REFERRED TO]
CHEPA MANJHI VS. SHIVA CHARAN MANJHI [LAWS(JHAR)-2019-10-38] [REFERRED TO]
BHIKHIBEN D/O MANIBEN VS. NARSINBHAI JERAMBHAI PATEL [LAWS(GJH)-2020-6-1009] [REFERRED TO]
HIRANYA BORA VS. INDIAN NATIONAL TRADE UNION CONGRESS AND 11 ORS [LAWS(GAU)-2018-6-49] [REFERRED TO]
SUNAIR HOTEL LTD. VS. VLS FINANCE LTD. [LAWS(DLH)-2017-4-171] [REFERRED TO]
TIKARAM VS. KEHAR SINGH [LAWS(CHH)-2017-11-21] [REFERRED TO]
HEIRS AND L.R. OF DECEASED JAGJIVANBHAI CHHIMKABHAI VS. JAMNABEN WD/O. MAGANLAL MANILAL [LAWS(GJH)-2017-6-317] [REFERRED TO]
BANO BEE VS. YUSUF [LAWS(MPH)-2024-3-118] [REFERRED TO]
LEGAL REPRESENTATIVES OF LOKU RAM VS. LEGAL REPRESENTATIVES OF BIHAR [LAWS(RAJ)-2021-10-129] [REFERRED TO]
DINESH CHANDRA SHARMA VS. AMRAT RAM & ANR. [LAWS(RAJ)-2016-3-66] [REFERRED TO]
ELIZEBATH DHANALAKSHMI VS. NARAYANIYAMMAL(DIED) [LAWS(MAD)-2024-9-3] [REFERRED TO]
LAXMIN BAI VS. SAMARU [LAWS(CHH)-2017-1-36] [REFERRED TO]
LALLU PRASAD JAISWAL S/O LATE SHRI RAMESHWAR PRASAD JAISWAL, AGED ABOUT 62 YEARS, R/O LAWAN ROAD BALODA BAZAR, TEHSIL AND DISTRICT BALODA BAZAR (CHHATTISGARH) VS. SMT. MANTORA BAI WD/O LATE SHRI MOTILAL JAISWAL, AGED ABOUT 55 YEARS, R/O VILLAGE BALTARA, DISTRICT BILASPUR (CHHATTISGARH) [LAWS(CHH)-2016-8-53] [REFERRED TO]
NAGAPPA VS. YALLAWWA [LAWS(KAR)-2016-8-82] [REFERRED]
USHA ROY VS. PINKU ROY [LAWS(GAU)-2021-9-59] [REFERRED TO]
SMT. NILOFAR AJIJ TAMBOLI VS. SMT. MAHANANDA RAMLING PARANDKAR [LAWS(BOM)-2021-12-18] [REFERRED TO]
SHANKAR VS. SHEKU [LAWS(BOM)-2019-1-64] [REFERRED TO]
SURYA PRAKASH VS. SETTLEMENT OFFICER CONSOLIDATION, GONDA [LAWS(ALL)-2023-7-92] [REFERRED TO]
JAGATRAM SUNDARDAS VS. PARSHWA FOOD (INDIA) PVT. LTD [LAWS(GJH)-2019-7-67] [REFERRED TO]
ABHISHEK MADANLAL BINAYKIA VS. SWATI ABHISHEK BINAYKIA [LAWS(GJH)-2019-7-78] [REFERRED TO]
BHIMABHAI DEVAYATBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2019-9-10] [REFERRED TO]
GAYA PRASAD AND OTHERS VS. LAXMI PRASAD AND OTHERS [LAWS(MPH)-2017-11-100] [REFERRED TO]
CHANDRALOK (B) CHS LTD VS. MANISH RAJNIKANT JAITHA [LAWS(BOM)-2022-5-67] [REFERRED TO]
CHANDRU KRISHNA RAUT VS. VAMAN GOPAL RAUT [LAWS(BOM)-2016-7-275] [REFERRED TO]
HIMALAYA DISTILLERIES LTD VS. URMILA PRADHAN [LAWS(SIK)-2017-9-8] [REFERRED TO]
ASHA RAM VS. PUSHKARNA BRAHMIN BHIMJI KA MOHALA VIKAS SAMITI [LAWS(RAJ)-2021-2-197] [REFERRED TO]
K. SREEDHARAN NAIR VS. V. SREEKUMARAN NAIR [LAWS(MAD)-2016-10-32] [REFERRED TO]
AMBARAM MULJIBHAI VS. DEPUTY COLLECTOR [LAWS(GJH)-2019-7-142] [REFERRED TO]
SMT. JANABAI WD/O SHANKAR SONWANE VS. SHEKU S/O KONDAJI KALE [LAWS(BOM)-2019-1-52] [REFERRED TO]
PANKAJBHAI RAMESHBHAI ZALAVADIA VS. JETHABHAI KALABHAI ZALAVADIYA (DECEASED) [LAWS(SC)-2017-10-56] [REFERRED TO]
DHIRENDRA MOHAN SHARMA VS. MAGAN LAL [LAWS(UTN)-2021-1-56] [REFERRED TO]
CHEPA MANJHI SON OF LATE RABISHWAR MANJHI VS. SHIVA CHARAN MANJHI [LAWS(JHAR)-2019-10-57] [REFERRED TO]
USHA RANI MAHATANI VS. KAMLA MAHTANI [LAWS(JHAR)-2019-11-34] [REFERRED TO]
MOHAN APPAJI CHIGARE AND OTHERS VS. SMT. SUSHILA SHIVARAM PATIL [LAWS(KAR)-2016-6-161] [REFERRED TO]
DAU DAYAL SON OF BADRI PRASAD VS. OM PRAKASH PODDAR [LAWS(RAJ)-2017-3-195] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)This appeal arises out of the order dated 15.03.2013 passed by the High Court of Delhi dismissing the second appeal being RSA No.100 of 2008 as abated and also the interlocutory applications being CM Nos.6342/2008, 11811-11813/2009 and 1998/2012 to bring on record the legal representatives of the appellants herein.
(3.)Respondent-Balbir Singh filed a suit bearing No.369/1986 against one Banwari Lal and Swaraj for declaration and permanent injunction. Case of respondent-plaintiff is that he is the owner of parcel of land measuring 600 sq. yards, bearing plot Nos. 5, 6 and 7 out of Rect. No.42, Kila No.5/1 situated in the area of village Karawal Nagar, Delhi in the abadi of Prem Nagar Extn. Illaqua Shahara, Delhi. The aforesaid parcel of land is also claimed by late Banwari Lal contending that the land was purchased by him on 25.09.1985 from one Premlata and her husband Chander Prakash. The trial court initially dismissed the suit vide judgment dated 13.02.1997. In the appeal, the first appellate court set aside the judgment and decree passed by the trial court and the matter was remanded back to the trial court to decide the matter afresh. Trial court considered the entire matter afresh and again dismissed the suit bearing No.276/2004 of the respondent/Balbir Singh vide judgment dated 23.09.2005. Respondent/Balbir Singh again feeling aggrieved, preferred a fresh appeal bearing RCA No.226/2005 against the said judgment and the decree. First appellate court by judgment dated 04.02.2008 set aside the judgment and decree passed by the trial court and allowed the appeal of Balbir Singh. During the pendency of the first appeal, defendant-Banwari Lal died on 30.01.2006 that is almost two years prior to the date of judgment of the first appellate court. Even though Banwari Lal has expired on 30.01.2006, no steps were taken to bring on record the legal representatives of late Banwari Lal.
(2.)This appeal arises out of the order dated 15.03.2013 passed by the High Court of Delhi dismissing the second appeal being RSA No.100 of 2008 as abated and also the interlocutory applications being CM Nos.6342/2008, 11811-11813/2009 and 1998/2012 to bring on record the legal representatives of the appellants herein.
(3.)Respondent-Balbir Singh filed a suit bearing No.369/1986 against one Banwari Lal and Swaraj for declaration and permanent injunction. Case of respondent-plaintiff is that he is the owner of parcel of land measuring 600 sq. yards, bearing plot Nos. 5, 6 and 7 out of Rect. No.42, Kila No.5/1 situated in the area of village Karawal Nagar, Delhi in the abadi of Prem Nagar Extn. Illaqua Shahara, Delhi. The aforesaid parcel of land is also claimed by late Banwari Lal contending that the land was purchased by him on 25.09.1985 from one Premlata and her husband Chander Prakash. The trial court initially dismissed the suit vide judgment dated 13.02.1997. In the appeal, the first appellate court set aside the judgment and decree passed by the trial court and the matter was remanded back to the trial court to decide the matter afresh. Trial court considered the entire matter afresh and again dismissed the suit bearing No.276/2004 of the respondent/Balbir Singh vide judgment dated 23.09.2005. Respondent/Balbir Singh again feeling aggrieved, preferred a fresh appeal bearing RCA No.226/2005 against the said judgment and the decree. First appellate court by judgment dated 04.02.2008 set aside the judgment and decree passed by the trial court and allowed the appeal of Balbir Singh. During the pendency of the first appeal, defendant-Banwari Lal died on 30.01.2006 that is almost two years prior to the date of judgment of the first appellate court. Even though Banwari Lal has expired on 30.01.2006, no steps were taken to bring on record the legal representatives of late Banwari Lal.
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