KAMAL KANT Vs. JAIN MANDIR PARATH NATH

JUDGEMENT

(1.) PETITIONERS Kamal Kant and Murari, defendants No. 9 and 11 respectively, have filed the present revision and it has been directed against the order dated 14.10.2000 passed by Addl. Civil Judge (Sr. Division), Sirsa, who declined their application under Order 9 Rule 7 CPC.

(2.) SOME facts can be noticed in the following manner :- Jain Mandir Parath Nath and 11 others filed a suit for possession against Smt. Sita Devi and 11 others including the present two petitioners Kamal Kant and Murari on the basis of the title of land measuring 111 kanals comprised in various khasra numbers as mentioned in the jamabandi for the year 1987-88, situated at village Ellenabad, District Sirsa on the plea that all the defendants are in unauthorised possession of the suit land. They also made a prayer for mandatory injunction directing all the defendants to deposit a sum of Rs. 40,000/- for each crop of way of mesne profits.

(3.) BE that as it may, the point for determination in this case is whether the defendants were duly served or not. The learned trial Court dismissed the application of the petitioners mainly for the reasons given in para Nos. 6 to 12 of the impugned order, which read as follows :-