MANSA SINGH Vs. AMANDEEP KAUR AND ORS.

JUDGEMENT

(1.) THIS is an appeal against the order dated 04.08.2007 passed by the Additional District Judge, Kaithal, allowing the application under Order 41 Rule 19 and Order 9 Rule 9 CPC for re -admission of the appeal, which was dismissed in default on 21.09.2001 by the Additional District Judge, Kaithal and remanding the case back to the Additional Civil Judge, Guhla, for deciding afresh after leading additional evidence by the applicants.

(2.) PLAINTIFF Mansa Singh (appellant herein) approached the revenue authorities for sanction of mutation on the basis of exchange decree, which he claimed to have entered into with defendant No. 2, Pritam Singh. However, the same could not be sanctioned in view of one sale deed dated 30.05.1964 with respect to part of disputed land, registered in favour of Banta Singh, defendant No. 1. Mansa Singh filed a suit for declaration to the effect that he is owner of the suit land. The suit was decreed in favour of the plaintiff vide judgement dated 05.05.1999 passed by the Additional Civil Judge (Sr. Division) Guhla.

(3.) THE application seeking permission to lead additional evidence was also moved by the legal representatives of Banta Singh, the following grounds were taken by the applicants: