RAM KUMAR Vs. DULI CHAND

JUDGEMENT

(1.) By invoking Article 227 of the Constitution of India, the present petition directs challenge against orders dated 6.11.2009 (Annexure P-1), dated 5.2.2013 (Annexure P-2) passed by the trial court and dated 23.7.2014 (Annexure P-3) passed by the Additional District Judge, Panipat whereby suit of the petitioners/plaintiffs was dismissed on 6.11.2009, application for restoration of the suit was dismissed on 5.2.2013 and appeal preferred against order dated 6.11.2009 was dismissed on 23.7.2014 respectively.

(2.) The petitioners filed a suit for declaration to assail judgment and decree dated 5.11.1986 passed by the Sub Judge IInd Class, Panipat in case 'Duli Chand and others v. Hukmi and others' being null and void ab initio and not binding upon rights of the plaintiffs in regard to land, detailed in head note of the plaint. Simultaneously, relief of permanent injunction restraining the defendants from changing nature of the suit property by raising construction or otherwise was also prayed for. The suit was instituted in the year 2002 but the same was dismissed on 6.11.2009 and a relevant extract from the impugned order reads as follows:-

(3.) The petitioners filed an application for restoration of the suit but the same was dismissed by the Additional Civil Judge (Senior Division), Panipat and a relevant extract therefrom, reads as follows:-