MANI RAM Vs. JHAMRU

JUDGEMENT

(1.) This is a plaintiffs' application in revision against the order of the Subordinate Judge of Theog dated 31-1-1951, purporting to dismiss their suit under Order 9, Rule 3, C. P. Code, for non-appearance of parties.

(2.) The suit related to 14 bighas out of 74 bighas and 14 bis was of charand land situate within the former State of Madhan. By an order dated 29-6-1945 the said State conferred non-occupancy rights in the said 14 bighas on Jhamru defendant. The present suit was filed by the plaintiffs-petitioners on 10-8-1948 against Jhamru and the State of Himachal Pradesh as successor-in-interest of the Madhan State for a declaration that the order in question was illegal and for a perpetual injunction to restrain Jhamru from taking possession on the land in pursuance of the order. The suit was contested by both the defendants.

(3.) The plaintiffs' oral evidence was concluded on 11-12-1950 and on that date the suit was adjourned to 29-12-1950 for plaintiffs to file their documentary evidence and for the defendants to produce their oral evidence. The case was however not taken up on 29-12-1950. There is no order of that date on the record. It was taken up after 11-12-1950 for the first time on 18-1-1951 when, it is recorded, the parties were absent, and the case was adjourned to 29-1- 1951. On the latter date again the parties were absent and the case was adjourned to 3.1-1-1951, on which date, on the parties being again found absent, the Subordinate Judge dismissed the suit under Order 9, Rule 3, C. P. Code.