(1.) LEARNED counsel for the petitioner relies upon Walter Louis Franklin (dead) through LRs v. George Singh (dead) through LRs., 1997(2) Recent Civil Reports 41. The judgment relied upon by the learned counsel for the petitioner is distinguishable on the facts. It has been observed in Jiya Lal v. Muni Lal, 2000(3) Recent Civil Reports 410 that :-