RATNA & ORS Vs. TEK SINGH & ANOTHER

JUDGEMENT

(1.) The brief facts necessary for adjudication of this petition are that respondent No.1-Tek Singh filed a civil suit No.120-A/88 for declaration and permanent injunction in the Court of Civil Judge, Class II, Ashok Nagar, against petitioner No.1-Ratna pleading that he took the suit land for cultivation from petitioner No.1-Ratna and remained in continuous possession for more than 12 years and thereby acquired the title.

(2.) It is submitted by learned senior counsel for the petitioners that from the record of the trial Court and lower appellate Court it is fully proved that no notice of Civil Suit No.120-A/88, Civil Appeal No.188- A/94 or even of Second Appeal No.279/1995 was served on Ratna and he never appeared before this Court in second appeal No.279/95 and filed any compromise application and put his thumb impression on it. It is further submitted that somebody else representing himself as Ratna appeared before the Court and filed the compromise. Hence, the judgment and decree passed in second appeal No.279/1995 dated 28.7.1997 be recalled.

(3.) None appeared on behalf of respondent No.1 to oppose this petition.