BAWA SINGH Vs. TEJ KAUR

JUDGEMENT

(1.) The defendants are the petitioners before this Court. They have impugned the order dated December 18, 2003 passed by the learned Additional District Judge, Rupnagar. Vide the aforesaid impugned order, the learned Additional District Judge had, during the course of first appeal, allowed the plaintiff Tej Kaur to withdraw the suit with liberty to file fresh suit on the same cause of action.

(2.) Certain facts be noticed :

(3.) Tej Kaur plaintiff filed a suit for joint possession to the extent of 1/2 share of the land measuring 62 bighas 3 biswas. The aforesaid suit was filed by her claiming herself to be daughter of Tarlok Singh and, as such, entitled to 1/2 share of the estate left behind by him. The suit was contested by the defendants. In the written statement filed by them, they raised a preliminary objection claiming that the said defendants have become the owner pf the suit land by virtue of decrees dated April 22, 1972 and February 1. 1992 whereby Tarlok Singh had suffered consent decrees in their favour with regard to the suit land. On the basis of the aforesaid decrees, revenue entries had been entered in favour of the defendants and they had become the owners of the suit land. A replication was filed by the plaintiff. The factum of passing of the aforesaid decrees was not specifically denied. No challenge was made by the plaintiff to the aforesaid decrees. Originally issues were framed by the trial Court on January 8, 1997. Thereafter, the plaintiff sought an amendment of her plaint. The said amendment was originally declined by the trial Court but in revision petition filed before this Court, the said amendment was allowed. Accordingly, the plaintiff filed an amended plaint. On filing of her amended plaint, the defendants also filed an amended written statement. Accordingly, issues were re-framed on September 18, 1999. In the re-framed issues, issues No. 1-B and 1-C may be noticed as follows :