KARNAIL SINGH Vs. SOHAN

JUDGEMENT

(1.) THIS is a Civil Revision which has been directed against the order dated 2.5.1998 passed by the Additional District Judge, Jalandhar, who dismissed the application of the plaintiff-petitioners under Order 6 Rule 17 C.P.C.

(2.) SOME facts can be noticed in the following manner. Suit for declaration was filed by the plaintiff-petitioners that they are owners in possession of the property. The suit was resisted by the defendants. The trial Court dismissed the suit by making observation that the plaintiffs are the owners but they are not in possession of the suit property on the date of the institution of the suit and as such the suit for declaration was not legally maintainable.

(3.) THIS application was resisted by the defendant-respondents mainly on the ground that the cause of action has already become time barred and that the application has been made at a highly belated stage after a lapse of 9 years, therefore, it should be dismissed. First Appellate Court for the reasons given in the impugned order dated 2.5.1998 dismissed the application. The reasons of dismissal are given in paras No. 7 and 8 of the impugned order :-