JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 21.12.2007 passed by the High Court of Punjab & Haryana at Chandigarh in RSA No.1537 of 1993 whereby the Single Judge of the High Court dismissed the regular second appeal filed by the appellants herein and upheld the judgment/decree dated 15.04.1993 of the First Appellate Court in C.A. No.7 of 15.02.1992.

2. In order to appreciate the controversy involved in this appeal, it is necessary to set out the relevant facts hereinbelow.

3. Appellant Nos.1 to 4 and 7 are the legal representatives of the original defendant No.1 Amar Nath. Appellant No.5 (Yash Pal Mittal), who was the original defendant No.2 also died and he is now represented by his legal heirs (i) Rita Mittal (ii) Akanksha and (iii) Akshay Mittal and Appellant No.6 (Sunil Mittal) is the original defendant No.3 whereas respondent No.1 (Kulwant Rai) is the original plaintiff, who also died and is now represented by his legal heirs (i) Sudesh Goel, (ii) Ajay Goel and (iii) Sanjay K. Goel and respondent No.2 (Atul Kumar) is the original plaintiff No.2 in the civil suit out of which this appeal arises.

4. In short, the civil suit