JUDGMENT :

Prafulla C. Pant, J.

Civil Appeal No. 7011 of 2015

This appeal is directed against order dated 02.01.2014, passed by High Court of Judicature at Allahabad, Lucknow Bench, whereby said court has dismissed the Writ Petition No. 58 of 2008 (M/S), affirming the order dated 10.10.2007, passed by the Additional District Judge/Special Judge (E.C.Act), Gonda, in Miscellaneous Case No. 08 of 2006. By said order, the first appellate court condoned the delay of more than eleven years, and allowed the substitution application moved by the respondent, in Civil Appeal No. 124 of 1987 which stood abated on 14.03.1995, and thereafter dismissed in default on 21.03.1997.

2. We have heard the learned counsel for the parties and perused the papers on record.

3. This is the second round of litigation between the parties. In the first round, Ram Narayan, father of respondent Kaushaliya Devi, instituted Original Suit No. 277/66 on 16.12.1966 before Munsif, Gonda. In said suit, Ram Narayan pleaded that the defendant (predecessor in title of the present appellants) was his tenant, and the tenancy was terminated vide notice dated on 02.11.1966. The defendant disputed title of the plaintiff. And after