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1978 Supreme(P&H) 23

RAJENDRA NATH MITTAL
Hakmi – Appellant
Versus
Pitamber – Respondent


Judgment

1. This revision petition is directed against the order of the Subordinate Judge, 2nd Class, Ambala, dated 27.10.1977.

2. Briefly the facts which have given rise to this revision petition are as follows. The plaintiffs instituted a suit for possession of land in dispute. During the pendency of the suit, Talab, plaintiff No. 2 died and Baboo and Pitamber, who had been impleaded as plaintiffs on the death of Smt. Hira Devi, plaintiff No. 1, made an application that they were the legal representatives of Talab as he had executed a will in their favour. The defendants contested their claim. The applicants, in support of their application, led evidence on 23.04.1977. Thereafter the case was adjourned for evidence of the defendants for 14.06.1977. The Presiding Officer of the Court had relinquished the charge prior to that date and consequently the case and the application were adjourned to 20.07.1977. On that date the application was adjourned for, evidence of the defendant-respondents to 16.08.1977. The defendants did not bring any evidence on that date and the case was adjourned to 17.10.1977 for their evidence subject to payment of Rs. 20.00 as costs. On the adjourned date, t








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