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2015 Supreme(HP) 1133

P.S.RANA
Khem Chand – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Revisionists:Mr. J.L. Bhardwaj, Advocate
For the Non-revisionists:Mr. M.L. Chauhan, Additional Advocate General with Mr.J.S.Rana Assistant Advocate General.

Order:-

P.S. Rana, J.

Present civil revision petition is filed under Section 115 of Code of Civil Procedure against order dated 15.9.2014 passed by learned Civil Judge (Junior Division) Solan (H.P.) wherein learned trial Court dismissed the application filed by revisionists under Order 23 Rule 1(3) of Code of Civil Procedure for permission to withdraw civil suit No. 234/1 of 2014/04 titled Kanshi Ram and others vs. State of H.P. with liberty to file fresh suit.

Brief facts of the case

2. Brief facts of the case as pleaded are that Kanshi Ram and Nand Lal filed civil suit No. 234/1 of 2014/04 titled Kanshi Ram and other vs. State of H.P. whereby revisionists sought decree for declaration in favour of revisionists and against the non-revisionists to the effect that revisionists are owners in possession of suit land comprised in Khata No. 8 Khatauni No. 12 Khasra No. 3 min, 25 min kitas 2 measuring 34 bighas 2 biswas situated at mauza Tutuwa Hadbast No. 260 Pargana Haripur Tehsil and District Solan. Revisionists also sought relief that entry in column of owners in the name of State of H.P. is wrong illegal and not tenable and is contrary to the factual position at the spot. Revisionist
































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