JUDGMENT :

Sandeep Sharma, J.

Instant petition filed under Article 227 of the Constitution of India, lays challenge to order dated 5.3.2020 (Annexure P-L Colly.) passed by the learned Senior Civil Judge, Shimla in CS No. 31 of 2003 (now numbered as 185-1 of 15/2003), whereby court below held that since no findings on merit have been recorded by the court in former suit bearing CS No. 41 of 1997 and same has been dismissed in default, latter suit i.e. CS No. 31 of 2003 is to continue.

2. For having bird’s eye view, facts, relevant for adjudication of the case are that, person namely Parveer Singh (plaintiff in earlier CS No. 41 of 1997) filed civil suit bearing CS No. 41 of 1997 in the High Court of Himachal Pradesh, claiming that “Knollwsood” is HUF property and therefore, he is entitled to share as a coparcener. In the aforesaid suit, he arrayed his father namely Sardar Govinder Singh as defendant No.2. While aforesaid suit was pending adjudication in the High Court of Himachal Pradesh, above named Govinder Singh, filed CS No. 31 of 2003 (Annexure P-A), claiming similar relief as was claimed by his son Pravir Singh in CS No. 41 of 1997. In the aforesaid suit, learned Single Judge of