SAMPURAN SINGH Vs. NANDU

JUDGEMENT

(1.) This civil revision has been directed by the petitioner against order dated 19-2-1985 passed by Sub Judge 1st Class, Jhajjar thereby declining the application for correction of judgment and decree dated 2-12-1983 passed in Civil Suit No. 100 of 1980 titled Sampuran Singh v. Nandu etc.

(2.) Sampuran Singh (since deceased) predecessor of the present petitioners filed Civil Suit No. 100 of 1980 against Nandu etc. in the Court of Sub Judge 1st Class, Jhajjar for declaration that he was owner of land measuring 4 Kanals 6 Marias being 1/10th part of total land measuring 43 Kanals and Maria being of 86 Kanals 1 Maria fully mentioned in para 3 of the plaint and that Civil Decree No. 756 dated 9-1-1979 passed in favour of defendant ,Nos. 2 to 4 was bogus, fictitious, illegal, null and void, ineffective and against the rights of the plaintiff and thus was liable to be set aside. Alternatively, it was also prayed that in case defendant Nos. 2 to 4 were found in possession of the suit land, then a decree for possession be also passed in favour of the plain tiff. The aforementioned suit was contested by the defendants who are respondents in the present civil revision.

(3.) On the pleadings of the parties, the learned trial Court framed following issues for adjudication on 25-1-1982 :