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2001 Supreme(P&H) 793

R.C.KATHURIA
Jarnail Singh – Appellant
Versus
Sohan Singh – Respondent


Advocates Appeared:
For the Petitioner:Shri Iqbal Singh Bajwa, Advocate.
For the Respondents:Shri M.L. Sarin, Senior Advocate with Shri Hemant Sarin, Advocate.

JUDGMENT

R.C. Kathuria, J. - This revision petition is directed against the order dated 16.10.1999 passed by the Civil Judge (Junior Division), Dasuya, whereby application filed by the defendant-respondents for restoration of the suit for the purpose of decision of the counter-claim filed by them was allowed.

2. A few facts have to be noticed in order to focus the controversy involved in this case. Plaintiff-Gurbax Singh now deceased represented by his legal representatives-Jarnail Singh had filed suit for declaration and permanent injunction on 19.8.1996 restraining defendant-Sohan Singh and other three defendants from dispossessing him forcibly from the suit land measuring 41 Kanals 13 Marlas situated in village Urmar, Tehsil Dasuya, District Hoshiarpur fully described in the heading of the plaint wherein the plaintiff claimed himself to be the tenant of the suit land. The suit was contested by the defendants. After the issues were framed in this case on 6.3.1997 and the case was posted for the evidence of the plaintiff, an application along with counter-claim was filed by the defendants on 28.3.1998 claiming therein possession of the suit land on the basis of having acquired owne

















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