BISHAMBER DAYAL YADAV Vs. MANISH

JUDGEMENT

(1.) RESTORATION of the suit which had been dismissed under Section 35 -B CPC vide order dated 26.9.2014, forms genesis of this revision petition.

(2.) MANISH , plaintiff in the court below and one of the respondents in this petition had filed a suit against his parents seeking declaration that he is entitled to 1/3rd share in the suit property being ancestral; relief of permanent injunction had also been sought. The suit land, however, was transferred vide Award dated 11.11.2010 by his parents (now petitioners) in favour of their daughter viz. Ms. Shalini Yadav. Sequelly, the respondentplaintiff had moved an application under Order I Rule 10 CPC for impleadment of his sister as well, as a party to the suit. This application was accepted. She was impleaded as one of the respondents.

(3.) SEQUEL to such amendment in the plaint, new title was to be furnished by the respondent -plaintiff for which he sought adjournment which was granted subject to payment of costs of Rs.100/ -. On the appointed day i.e. 12.3.2013 when counsel for the respondent -plaintiff neither paid the costs nor filed the amended title, suit of the respondent -plaintiff was dismissed under Section 35 -B CPC.