SURAJ BHAN Vs. BHARATSINGH

JUDGEMENT

(1.) THIS is an application (C. M. P. No. 9031/ 89) made by the respondents in the aforesaid Civil Appeal No. 770 of 1980 for revocation of the special leave granted under Article 136 of the Constitution pursuant to which the above Civil Appeal has been filed.

(2.) THE respondents to this application are the appellants in the aforesaid Civil Appeal No. 770/ 80 and we propose to refer to them as such. THE appellants were defendants Nos. 3 and 4 in Suit No. 196 of 1963 in the Court of Senior Sub-Judge, First Class, Delhi. THE said suit was filed praying for a declaration that certain shops belonged to the plaintiffs and defendant No. 5 in that suit who are respondents in the aforesaid appeal before us. THE appellants had raised a contention in the suit that the suit was barred by the Law of Limitation and that contention was upheld by the Trial Court. In view of the conclusion of the Trial Court regarding the question of limitation, the Trial Court dismissed the suit as barred by limitation. On an appeal to the High Court at Delhi, the High Court reversed the said finding and took the view that the suit was not barred by the Law of Limitation. THE High Court remanded the suit to the Trial Court to be tried on merits by the Trial Court. THE Trial Court hearing the suit on remand decreed the same and the appeal filed by the appellants against the said judgment and decree of the Trial Court is pending in the High Court. It is against the decision of the High Court remanding the suit as aforestated that the appeal before us has been preferred. In the special leave petition the appellants made an averment as follows:

(3.) CIVIL Miscellaneous petition is allowed and the appeal is dismissed with no order as to costs.Appeal dismissed.