JANGBIR SINGH Vs. SMT. TARA DEVI AND ORS.

JUDGEMENT

(1.) One Dharam Singh deceased at the time of his death left behind seven successors i.e. three sons, three daughters and a widow. Tara Devi widow and Bimlesh Kumari one of the daughters (hereinafter referred to as the plaintiff -respondents) filed a suit against Jangbir Singh and others i.e. the remaining two sons and two daughters for declaration that they are owners of the property in equal shares left behind by Dharam Singh deceased.

(2.) Suit filed by the plaintiff -respondents was dismissed on 9.11.1989 on the statements of the counsel for the plaintiffs that he had no instruction to prosecute the case.

(3.) Plaintiff -respondents filed an application under Order 9 Rule 9 read with Sec. 151 of the Code of Civil Procedure (hereinafter referred to as the Code) for restoration of their case on 22.5.1990. This application was dismissed in default and thereafter another application was filed on 16.7.1990 for restoration. The case was taken up on 29.11.1990 on which date Vikram Singh Advocate appearing for defendant -respondent No. 1 and respondent No. 3 appeared in person and made a statement that they have no objection to the restoration of the suit. On the basis of this statement of Vikram Singh, Advocate for defendant -respondent No. 1 and Ranbir Singh, the trial court ordered the suit to be restored and registered at its old number. Jangbir Singh defendant No. 1 has come up in revision to this Court.