MANPHOOL Vs. SURJA RAM

JUDGEMENT

(1.) THIS is a petition by the contesting defendant challenging the correctness and validity of the order of the trial Court dated June 15, 1976, whereby two sets of applications filed by two different sets of non--contesting defendants for being transposed as plaintiffs have been allowed. I will also dispose of by this order Civil Misc. No. 1996--C--II--1977 filed by the plaintiff--respondent wherein he has prayed for his application for withdrawal of the suit submitted in the trail Court being treated as withdrawn and his being treated as withdrawn and his being permitted to prosecute the original suit in the Court below for his own benefit as well as for the benefit of the entire body of reversioners including the two sets of defendants who have been allowed to be transposed as plaintiffs.

(2.) IN order to appreciate the submission made by the learned counsel in support of and against the revision, it is necessary to briefly survey the relevant facts of the case. One Roopa was the common ancestor of the parties. He had four sons, namely, Sadda, Raju, Dallu and Hanwanta. We are concerned in this litigation with the estate of Sadda. He left behind him his widow Devo and son Balu who was married to Mst. Hiran Balu and Hiran have left behind only one daughter, i. e. , Sona defendant No. 18. The grandsons of Raju and Hanwanta are defendants to the suit. Out of the heirs of Dallu, Nathu is the plaintiff and his own grandson and other great--grandson are defendants to this suit.

(3.) DURING the pendency of the suit, Nathu plaintiff and Puran defendant arrived at an amicable settlement and filed a written compromise in the trial Court on October, 1975. On the same day Birbal (and grandson of Dallu) defendant No. 11 in the suit and Ieedan (grandson of Dallu) defendant No. 5, filed an application for being transposed as plaintiffs. On November 12, 1975, Sona, daughter of Hiran, grand-daughter of Sadda, also filed an application for being transposed as plaintiff. On January 7, 1976, Nathu, plaintiff after attaining majority filed an application for withdrawing the suit. He stated therein that he was a minor when the suit was instituted and having attained majority he had satisfied himself that he had no right under any provisions of law to be a successor of either Hiran or Devo as collaterals of nearer degrees were present at the time of their death. The ultimate prayer was for the suit being dismissed as having been withdrawn.