SUNDER SINGH Vs. OM PARKASH

JUDGEMENT

(1.) This civil revision petition has been filed by the defendant under section 115 of the Code of Civil Procedure and is directed against the order of the Additional District Judge, dated 27th January, 1976 by which he has declared the respondents as paupers aad rejected the objections of the petitioner.

(2.) The material facts of the case are that Smt. Sham Kaur. predecessor-in-interest of the respondents instituted the suit for specific performance of contract of sale in respect of property in dispute in forma pauperis. She was allowed to sue in pauperis and the suit was registered. Smt. Sham Kaur died on 14th June, 1973 and the respondents before me were brought on record as her legal representatives. The question that was raised in the suit was whether the respondents, who were the legal representatives were paupers. On the pleadings of the parties, the following three issues were framed :

(3.) The parties proceeded to trial. The respondents produced evidence, while the petitioner did not produce any evidence. Consequently, the court appraised the evidence and believing the evidence produced on behalf of the respondents recorded a finding that the respondents were paupers. Eventually, issue No. 1 was answered in the affirmative; the second issue in the negative and in answer to issue No. 3 the suit was directed to be registered as a suit. Feeling aggrieved, the defendant petitioner has filed this revision and assailed the order.