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SHAM SUNDER
Shis Ram – Appellant
Versus
Karta – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. C.B. Goel, Advocate.
For the Respondent: Ex parte.

JUDGMENT

Sham Sunder, J.—This revision-petition is directed against the order dated 26.7.2005, rendered by the Court of Civil Judge (Junior Division), Kurukshetra, vide which it allowed the application under Order 39, Rules 1 and 2 read with Section 151 CPC and the order dated 22.11.2005, rendered by the Court of Additional District Judge, Kurukshetra vide which it dismissed the appeal.

2. The plaintiff claimed himself to be the owner in joint possession to the extent of 1/6 share, in the land, as fully detailed in the head note of the plaint. It was stated that the plaintiff was residing at Village Matloda, District Hisar. He used to come to village Narkatari to see the agricultural land. Defendant Nos.1 and 2, in collusion with defendant No.3 and Halqa Patwari, got declared the plaintiff civily dead. It was further stated that, on the basis of false report, mutation was sanctioned, in favour of respondents No.1 and 2. It was further stated that the plaintiff was very much alive and the said mutation could not be sanctioned showing him to be civily dead. It was further stated that the revenue authorities had violated the provisions of law and illegally declared him civilly dead. It













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