BHOJA RAM Vs. NOON KARAN (DIED)

JUDGEMENT

(1.) The facts giving rise to this revision petition are that the petitioner instituted a suit on July 1, 1985, claiming to be in possession as Gair Marusi tenant in respect of 5 Bighas 16 Biswas of land described in detail in the plaint for about 30 years, and for an injunction restraining the respondent from interfering in his possession. The suit came up for hearing on July 4, 1985, when, inter alia, the Court directed the parties to maintain status quo with regard to possession. The case of the petitioner is that the said order continued to be inforce and was not varied or vacated. On November 19, 1990, counsel for the petitioner made the following statement:

(2.) It may be mentioned that in Civil Misc. No. 3574-CII of 1991, LRs of Noon Karam respondent No. 1 were brought on record by order dated May 9, 1991. Civil Misc. No. 2721-CII of 1991 under section 5 of the Limitation Act for condonation of delay in filing the present revision was also allowed by order dated October 31, 1991.

(3.) The contention of Mr. Jaswant Rai Jain, learned counsel for the petitioner, is that the petitioner had prosecuted the suit for more than five years. There was no compromise at all of any kind and there was no question of his withdrawing the suit and the statement made by his counsel was not binding on him.