SUKHWINDER SINGH Vs. DARSHAN KUMAR AND OTHERS

JUDGEMENT

(1.) By filing this revision petition under Article 227 of the Constitution of India, plaintiff Sukhwinder Singh has assailed judgment dated 14.12.2010 Annexure P/8 passed by learned Additional District Judge, Patiala.

(2.) Plaintiff-petitioner filed suit against all the 6 respondents who included three sons (defendants no. 1 to 3/respondents 3 to 5), 2 daughters (respondents no. 1 and 2/defendants no. 4 and 6 and wife (defendant no. 5/respondent no. 6) of Kesho Ram. Plaintiff alleged that Kesho Ram entered into agreement to sell dated 16.11.2005. All the six defendants are his natural heirs after the death of Kesho Ram. There was caveat on behalf of defendants no. 1 to 3 and 5 (sons and wife of Kesho Ram). Accordingly, on presentation of the suit, notice was ordered to be issued to defendants no. 4 and 6 as well as to counsel for caveators/remaining defendants no. 1 to 3 and 5. On 20.2.2007, Mr. Rakesh Kumar Garg, Advocate who had filed caveat on behalf of defendants no. 1 to 3 and 5 appeared on behalf of all the six defendants and filed memo of parties on behalf of defendants no. 4 and 6 also. Subsequently, written statement was filed. Issues were framed.

(3.) Interim stay application was also disposed of. On 11.8.2007, one witness of the plaintiff was examined in chief and cross-examination was deferred because original counsel for the defendants was not available. On the next date of hearing i.e. on 25.10.2007, none appeared for the defendants and therefore, they were proceeded against exparte. The suit was decreed exparte vide judgment and decree dated 27.2.2008, Annexure P/5.