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2003 Supreme(P&H) 520

SATISH KUMAR MITTAL
Sewa Singh – Appellant
Versus
Harbans Singh – Respondent


Judgment

Satish Kumar Mittal, J.

1. Gurnam Singh petitioner, who is the legal representative of Sewa Singh (plaintiff before the trial Court) has filed the instant revision petition against the order dated 18.10.1993, passed by the trial Court, vide which an application under Order IX Rule 4 of the Code of the Civil Procedure (hereinafter referred to as the Code) filed by the petitioner with other legal representatives of Sewa Singh for restoration of the suit, has been dismissed.

2. The brief facts of the case are that the aforesaid Sewa Singh was having four sons and three daughters. He was owning certain landed property. One of his son, namely Harbans Singh respondent No. 1 (defendant No. 1 before the trial Court) sold 10 kanals 17 marlas of land owned by his father Sewa Singh as his attorney in favour of his wife Smt. Baljinder Kaur respondent No. 2 defendant No. 2 before the trial court), vide sale deed dated 11.9.1989. When Sewa Singh came to know about the said illegal act, he filed a suit for declaration against respondents No. l and 2 on 8.5.1990 challenging the sale deed dated 11.9.1989 being illegal and void and not binding on his right. Pursuant to the notice issued in t







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