LAWS(P&H)-2014-1-480

RAJ DULARI Vs. BASU RAM

Decided On January 09, 2014
RAJ DULARI Appellant
V/S
Basu Ram Respondents

JUDGEMENT

(1.) CONCISELY , the relevant facts which need a necessary mention for the limited purpose of deciding the instant revision petition and emanating from the record are that, initially Basu Ram son of Prabh Dayal -plaintiff -respondent No.1(for brevity the plaintiff ) has instituted the civil suit for a decree of permanent injunction, restraining Amar Singh son of Telu Ram (since deceased) now being represented through his LRs petitioners Raj Dulari & others and other defendants(for short

(2.) HAVING completed the evidence of the plaintiff, the case was slated for evidence of the defendants for the first time at their own responsibility to 02.03.2010 by the trial Court, by virtue of order dated 17.02.2010. The trial Court instead of deciding the application(Annexure P -1) to implead the petitioners as LRs of Amar Singh -defendant No.1 (since deceased), straightway jumped to close their evidence in a routine manner and by means of very brief impugned order dated 24.05.2010 (Annexure P -3).

(3.) AGGRIEVED thereby, the petitioners have preferred the present revision petition, invoking the provisions of Article 227 of the Constitution of India.