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1997 Supreme(HP) 229

A.K.GOEL
MATHURA – Appellant
Versus
DEVI RAM – Respondent


Advocates Appeared:
For the petitioner(s):Shri Sharwan Dogra, Advocate, For the respondent(s):Shri Subhash Sharma, Advocate, for respondent No. 1.

JUDGMENT

Arun Kumar Goel, J. —This revision is directed against the order dated 12-2-1996 passed by Sub Judge 1st Class, Sundernagar, District Mandi H.P. By means of impugned order, application under Order 6, Rule 17, C.P.C. filed by the petitioners, has been rejected.

2. In order to properly appreciate the respective submissions, a few facts relevant for determination of this revision need to be noticed. Petitioner No. 1 purchased 1 bigha 11 biswas and 3 biswansi of land, hereinafter referred to as the suit land, from Smt Fagni Devi petitioner No. 2. This sale has been questioned by Devi Ram and four others arrayed as respondents No. 1 to 5 in this revision, who before the trial Court filed a suit for declaration and possession by way of ejectment of a part of this land In this suit issues were framed as far back as on 23-8-1994 and respondents No.1 to 5 (hereinafter referred to as the plaintiffs) have concluded their evidence as on 6-12-1994. Record of the case shows that the case was listed for the evidence of the petitioners (hereinafter referred to as the defendants) on 22-4-1995 and thereafter on 8-6-1993 when on both these occasions, no evidence on their behalf was present no













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