Sanjay Karol, J.(Oral)-The present petition under Article 227 of the Constitution of India has been filed by Shri Liaq Ram effectively against the decree holders being respondents No.1 to 7 herein (referred to as the decree holders). The other respondents are in effect proforma respondents.

2. In terms of impugned order dated 31.5.2004 passed by Civil Judge (Jr. Division), Theog, District Shimla, H.P. in CMA No. 75/6 of 2004/2003, titled as Liaq Ram vs. Kahan Chand and others, the petitioner’s application filed under order 21 Rule 26 read with Section 151, CPC stands dismissed.

3. Brief facts necessary for adjudication of present petition are as under:-

4. In the year 1969 the decree holders filed a suit for declaration to the effect that they are owners of ½ share in the land comprised in Khata/Khatauni No.84/164 (now 92/172), Khasra Nos. 1676/1005 and 1007, situated in Chak Ratnari, Tehsil Kotkhai, District Shimla, measuring 37-18 bighas. (referred to as the suit land)

5. The suit was contested by various defendants including Shri Bhagat Ram whose share in the suit land stands purchased by the petitioner herein.

6. In terms of judgment and decree dated 7.5.1984 passed