SHEO RAM JOKHMI Vs. CHANDGI RAM

JUDGEMENT

(1.) THIS is a defendant's revision petition against the order passed by the trial judge granting the plaintiff's application for the withdrawal of his suit with permission to bring a fresh one on the same cause of action.

(2.) CHANDGI had brought a suit against his brothers Sheo Ram, Malha Ram and Sis ram for a declaration that he was the sole owner and in possession of agricultural land measuring 24 Bighas and 10 Biswas, situate in village Badesra, District mohindergarh, and that the defendants had no concern or connection with the said land and further that the mutation effected by the Revenue Authorities in favour of all the brothers in equal shares was wrong and against law.

(3.) THE suit was brought in November 1969. Both the plaintiff and the defendants had closed their evidence and the case was fixed for 10th November, 1970 for the evidence of the plaintiff in rebuttal. On that date, the plaintiff filed an application for producing additional evidence. This application was dismissed on the next day, that is, 11th November, 1970. The case was then fixed for 12th November, 1970, for the plaintiff's rebuttal evidence. On that date, the plaintiff filed an application for the withdrawal of the suit with permission to file a fresh one on the same cause of action. All that was stated in the said application was that the applicant was an illiterate person and he could not, therefore, adduce sufficient evidence in proof of his suit. Moreover, there were some technical defects in the suit.