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1977 Supreme(Raj) 104

KUDAL
Bhanwar Singh – Appellant
Versus
Gir Raj Prasad – Respondent


Advocates Appeared:
D.K. Soral, for Petitioners; S.K. Keshot, for Respondent

KUDAL, J: —This revision petition under Section 115, C.P.C. is directed against the order dated 30th April, 1977, of the learned Additional Musiff-cum-Judicial Magistrate, No. 2, Bharatpur, whereby the defendants application dated 20th January, 1977 under O. 16, R. 1, C.P.C. read with Section 5 of the Limitation Act was dismissed.

2. The brief facts which are relevant for the disposal of this revision application are that Gir Raj Prasad, plaintiff, filed a suit against Gulab Singh and Bhanwar Singh defendants for a permanent injunction restraining the defendant from in any way interfering with the possession of the plaintiff over the suit land. The suit was presented before the trial Court on 17th July, 1972. On 14th October, 1974, issues were framed. The plaintiff filed a list of witnesses on 19th November, 1974 Defendant No. 1 Gulab Singh died on 24th February, 1975. An application for bringing his legal representatives on record was filed on 6th May, 1975 praying that Bhanwar Singh who was already arrayed as defendant No. 2 in the suit along with Smt. Happi widow of the deceased Gulab Singh be brought on record. The application was allowed on 13th December, 1975. Amended plaint w















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