BISHAN NARAIN, S.B.CAPOOR
Brij Mohan Lal Murli Dhar – Appellant
Versus
Raj Kishore – Respondent
1. Brij Mohan Lal obtained an ex parte decree on 22nd April 1954 against his tenant Mannu Lal for ejectment and for recovery of arrears of rent. Mannu Lal on 8-6-1954 applied to get this ex parte decree set aside. During the pendency of this application Mannu Lal died and his three sons and the widow came on the record as his legal representatives. The trial Court on 5-8-1955 dismissed this application. Against this decision Raj Kishore and Anand Kishore (two sons of Mannu Lal deceased) filed an appeal in the conrt of Senior Sub-judge, Delhi. These appellants, however, did not implead their third brother Rup Kishore and their mother Shrimati Chand Rani as appellants or respondents. The Senior Sub-Judge accepted the appeal by order dated 16th August 1955 and set aside the ex parte decree on payment of Rs. 32/-as costs. Against this order of Sr. Sub-Judge the landlord Brij Mohan Lal filed revision petition in this Court. When the revision came before Mehar Singh J. the learned counsel for the appellant urged that the appeal before the Senior Sub-Judge was incompetent in the absence of all the legal representatives of Mannu Lal. Finding that there was a conflict in decisions o
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