SAYAN SINGH Vs. HARNAM SINGH AND OTHERS

JUDGEMENT

(1.) SAYAN Singh Petitioner filed a usual declaratory suit challenging nine alienations made by his father, Harnam Singh, on the grounds that the lands in question were ancestral and the said alienations had been effected without consideration and legal necessity. All the alienees were made Defendants in the suit. On an objection having been raised by them a preliminary issue was framed as to "whether the suit was bad for misjoinder of parties and causes of action and inconvenience for trial."

(2.) AGAINST the order of the learned Subordinate Judge, the Plaintiff filed a revision petition in this Court praying that the suit as framed should have been tried.

(3.) SUBSEQUENTLY , the Defendants filed two applications, one under Section 151 of the Code of Civil Procedure (Civil Miscellaneous No. 1334 of 1968), praying that the ex parte order might be set aside and the revision be heard on merits, because service was not properly effected on them and it was, therefore, that nobody appeared before the learned Judge on the date of hearing; and the other under Section 5 of the Limitation Act, read with Section 151 of the Code of Civil Procedure (Civil Miscellaneous No. 1230 of 1968), with a prayer that the delay in moving this Court for setting aside the ex -parte order be condoned. Notice was issued in both the applications by S. B. Capoor, J., himself. Thereafter, the learned Judge retired and after the service was complete the said applications were placed before me for disposal on 16th of January 1970. On that day, the counsel opposing the applications conceded that they might be granted and the main case restored to its original number and it be set down for hearing on 19th January 1970. The revision petition was, accordingly, argued today on merits by the counsel for the parties.