PUSHPA WATI MONGA Vs. GOPAL MOHAN MONGA

JUDGEMENT

(1.) C . R. Nos. 5212 and 5219 of 1997 arc being disposed of by this common judgment as both the revision petitions have been directed against two different orders passed by the learned trial Court in the same civil suit No. 535 of 27. 3. 1990.

(2.) IN this case, plaintiffs Nos. 1 to 4 and defendant No. 2 are real brothers and defendant No. 1 is their mother: Plaintiffs Nos. 1 to 4 filed a suit against the defendants on 27. 8. 1990 for a declaration to the effect that the plaintiffs and defendants Nos. 1 and 2 were joint owners and in possession of House No. 48, Sector 6, Panchkula. On 21. 4. 95 the defendants were ordered to be proceeded ex-parte by the learned trial Court. Thereafter, the defendants filed an application for setting aside the order dated 21. 4. 1995 by which they were proceeded ex-parte. On this application, following issues were framed by the learned trial Court on 3. 9. 1996 :

(3.) AFTER the application filed by the defendants for selling aside the ex-parte proceedings was dismissed on 24. 11. 1997, the case was adjourned to 1. 12. 1997 on which date one of the plaintiffs was examined and by way of last opportunity the case was adjourned to 4. 12. 1997. On 4. 12. 1997, the case was adjourned to 5. 12. 1997. On 5. 12. 1997 application filed under Order 18 Rule 17-A, CPC was dismissed and the evidence of the plaintiffs was also closed on that date as despite last opportunity no witness of the plaintiffs was present. The aforesaid order dated 5. 12. 1997 has been challenged by the plaintiffs in C. R. No. 5219 of 1997.