S DALIP SINGH Vs. SATNAM SINGH

JUDGEMENT

(1.) Exordially speaking, the point for decision in this petition is short but deep is its legal import.

(2.) The petitioner instituted a suit for possession as an indigent person. This was in the year 1993. On April 27, 1993 the learned Additional District Judge recorded the statement of the petitioner and on its basis allowed the petitioner to sue as an indigent person. This was followed by an order for issuance of summons to the defendant.

(3.) On April 5, 1994 the defendant after putting in appearance, moved an application under Order 33 Rules 1,6 and 7 and its reply was filed by the petitioner on July 13,1994. The same day the learned Additional District Judge passed an order which runs as under :