HAKMI Vs. PITAMBER

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Subordinate Judge, 2nd Class, Ambala, dated 27.10.1977.

(2.) BRIEFLY the facts which have given rise to this revision petition are as follows. The plaintiffs instituted a suit for possession of land in dispute. During the pendency of the suit, Talab, plaintiff No. 2 died and Baboo and Pitamber, who had been impleaded as plaintiffs on the death of Smt. Hira Devi, plaintiff No. 1, made an application that they were the legal representatives of Talab as he had executed a will in their favour. The defendants contested their claim. The applicants, in support of their application, led evidence on 23.04.1977. Thereafter the case was adjourned for evidence of the defendants for 14.06.1977. The Presiding Officer of the Court had relinquished the charge prior to that date and consequently the case and the application were adjourned to 20.07.1977. On that date the application was adjourned for, evidence of the defendant -respondents to 16.08.1977. The defendants did not bring any evidence on that date and the case was adjourned to 17.10.1977 for their evidence subject to payment of Rs. 20.00 as costs. On the adjourned date, the defendants neither brought their evidence nor paid the costs. Consequently their evidence was closed. A dispute was raised by the plaintiffs on that date that the defence of the defendants in the main case be also struck off as they had failed to pay the costs. The case was consequently adjourned to 20.10.1977. The counsel for the defendants, on the adjourned date, made an application that the defendants did not want to give any evidence.

(3.) THE learned trial Court, in view of the aforesaid circumstances, ordered that the defence of the defendants in the main case be struck off. The defendants have come up in revision against the order of the Subordinate Judge, to this Court.