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1998 Supreme(Raj) 127

P.C.JAIN
RAMGOPAL – Appellant
Versus
KHIV RAJ – Respondent


Advocates Appeared:
O.P.Joshi, RANJIT JOSHI

Judgment


P. C. JAIN, J.

( 1 ) THE defendants-petitioners have filed this revision petition under S. 115 of the Code of Civil Procedure, 1908 against the order dated 4-12-1997 passed by the learned Civil Judge (Junior Division), Degana by which the learned Civil Judge dismissed the application filed on 30-1-1997 on behalf of the petitioners.

( 2 ) THE plaintiff-respondents No. 1 and 2 filed a suit for ejectment and arrears of rent against the deceased-defendant-Govind Ram and defendant-respondent No. 3 Moolchand. During the pendency of the said suit, defendant-Govind Ram expired on 29-7-1993. The plaintiff-respondents No. 1 and 2 filed an application purporting to be under O. 22, R. 4, C. P. C. along with an application under S. 5 of the Limitation Act. That application was allowed. It may be stated here that in that suit, an ex parte order was already passed against the defendants-Govind Ram and Moolchand because their counsel Hariram pleaded no instructions on their behalf.

( 3 )

( 4 ) IT is relevant to mention here that after taking the legal representatives of deceased- defendant-Govind Ram on record, the amended cause title of the suit was filed. Thereafter on 30-1-1997, an a








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