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1982 Supreme(HP) 48

V.P.GUPTA
DALIP SINGH – Appellant
Versus
ROOP SINGH – Respondent


Advocates Appeared:
For the Petitioner:Shri M. L. Sharma, Advocate. For the Respondents:Shri Pawan Kumar, Advocate.

JUDGMENT

V. P. Gupta J.— Aggrieved from the order dated 7-6-1980 passed by the Senior Sub-Judge, Mandi, the petitioner / plaintiff has filed this revision petition.

2. The facts briefly are that the plaintiff (now petitioner) filed a suit on 27-10-1975, in the court of Senior Sub-Judge, Mandi, for a decree of declaration to the effect that he had perfected his title as an owner of the disputed land (described in the plaint) by adverse possession or in the alternative for declaration that he was entitled to the benefit of rule 21 of the Himachal Pradesh Nautor Rules, 1954. Only State of Himachal Pradesh (now respondent No. 4 was a defendant and the suit was contested by the State deying the plaintiffs claim.

3. Issues in the case were framed on 26-12-1977 and five witnesses of the plaintiff were also recorded. On 24-10-1979, the plaintiff was allowed last opportunity to produce his remaining evidence, and the case was adjourned to 26424979.

4. On 1742-1979, Roop Singh (now respondent No. 1) filed an application under Order 1 rule 10 read with Section 151 C.P.C. praying that he along- with his brothers Mani Singh and Kashmir Singh (now respondents 2 and 3) be impleaded as plaintiffs in














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