SATISH BHARDWAJ Vs. DHANI RAM

JUDGEMENT

(1.) -By this order, I am disposing of three petitions bearing CR No. 2084 of 1997, CR 2100 of 1997 and CR 2101 of 1997 as the point of law raised in all these petitions is identical.

(2.) All these petitions have been preferred against the orders dated 5.2.1997 passed by the learned Addl. District Judge, Patiala. By the impugned orders, the learned Additional District Judge had rejected the application filed on behalf of the plaintiffs/petitioners to withdraw the suit since the suit has already been decreed and the matter is pending before the learned lower appellate court.

(3.) Notice of these petitions was issued to the respondents. Respondents No. 1 to 4,5,6,8 to 10 were proceeded against ex parte, vide order dated 27.8.1997. Respondent No. 7 is dead and his name was ordered to be deleted from the array of the respondents vide order of the said date. Respondent No. 3 could not be served for want of complete address but interest of respondent No. 3 was represented by respondents 1 and 2 and they being co-plaintiffs had not put in appearance and were proceeded against ex-parte. None is present on behalf of the respondents though the case has been called out third time after two pass overs were given. Accordingly, I proceed to dispose of the petitions.