Opining that an order directing abatement of suit appeal does number amount to adjudication thereof on merit, it was held that the period of limitation would start running from 11.4.1969, stating Therefore, I find that the learned companynsel for the appellants has rightly argued that both the Courts below fell in error in arriving at a companyclusion that the decrees passed by the Courts below had merged with the decree of this Court and that period of limitation is to be reckoned from October 14, 1977when Judgment Exhibit P4 was rendered.
In the Second Appeal preferred by the respondents herein, the question which arose for companysideration before the High Court was as to whether having regard to the fact that the order dated 14.10.1977 in terms whereof abatement of the Second Appeal was recorded being number a decree within the meaning of Order XXII of the CPC, the appellants were obligated to file a suit within a period of three years from the date of the judgment and decree passed by the First Appellate Court or number.
February 25, 1973 when Sher Singh died is the date later than April 11, 1969 when the respondents obtained decree from the learned Additional District Judge,Gurgaon.
A suit for possession in terms of the Punjab Limitation Custom Act, 1920 was filed by the appellants herein on 3.11.1977 before the Sub Judge, IInd Class Gurgaon.
The legality or validity of the said deed of sale came to be questioned, inter alia, on the premise that the same had been executed without any companysideration and legal necessity by the appellants herein, who are the legal heirs and representatives of the said Sher Singh by filing a suit.
During pendency of the Second Appeal, both the parties to the deed of sale dated 24.7.1953, died.
However, on an appeal preferred thereagainst by the appellants, the same was decreed by a judgment and decree dated 11.4.1969.
As the heirs and or legal representatives of Bansi were number brought on record within the prescribed period of limitation, the appeal was dismissed as having abated by an order dated 14.10.77.
The appeal preferred theregainst was dismissed by a judgment and decree dated 26.3.1979.
Sher Singh alienated the suit property to one Bansi by a registered deed of sale dated 24.7.1953.
A Second Appeal thereagainst was preferred by the respondents herein before the High Court which was marked as RSA 1121 of 1969.
Sher Singh died during the pendency of the Second Appeal on 25.2.1973.
After the death of Bansi, therefore, the appellants herein inherited the suit land.
Respondents herein filed a Second Appeal.
Bansi also died during the pendency thereof on 4.10.1976.
The said suit was dismissed.
The said suit was decreed.
Appellants are sons of one Sher Singh.
The fact of the matter is number in dispute.
