JAGDISH PRASAD Vs. BHAWANI PRASAD

JUDGEMENT

(1.) This revision petition is directed against the order, dated 21st June, 1978, passed by the Senior Sub Judge, Mandi, by which he has allowed the application of the plaintiff and exempted him from the necessity of substituting the legal representatives of deceased defendants 3 and 4, i.e., Shri Dev and Mansukh respectively who had been proceeded ex parte in the suit.

(2.) The brief facts of the case are that Gaur Singh plaintiff filed a suit on 17th August, 1971, for partition of the alleged joint property in the court of the Senior Sub Judge, Mandi. It was alleged by him that he is a co -sharer and is in joint possession of the property in dispute and as such is entitled to have separate possession of the same.

(3.) There were nine defendants in the suit and out of these only defendants 1 and 9 contested the suit and filed a written statement as is apparent from the order, dated 29th April, 1972. The other defendants 2 to 8 were proceeded ex parte. Defendants 3 and 4 were proceeded ex parte on 29th March 1972 and 19th November, 1971 respectively.