SATISH KUMAR Vs. SANTOSH KUMAR

JUDGEMENT

(1.) The Petitioners are the Defendants No. 3 and 5 in the Civil Suit No. 252 of 1982/23/1 of 1984 (Lal Chand v. Firm Devi Orchards and others). They are aggrieved by the order dated 18.9.2001 of the learned District Judge, Sirmaur at Nahan, whereby their application under Section 5, Limitation Act, 1963 for condonation of delay in filing an appeal against the judgment and decree dated 30.11.1987 of the learned Sub Judge 1st Class, Rajgarh, in the aforesaid Civil Suit, was dismissed.

(2.) Briefly stated the facts leading to the present revision petition may be thus stated. The Petitioners along with Respondents No. 4 and 5, and one Jiya Lal (since deceased) father of Petitioner No. 1 Satish Kumar, are the partners of the firm Respondent No. 6 Messrs. Devi Orchards. Respondents No. 1 to 3 are the legal heirs of the original Plaintiff Lal Chand (since deceased).

(3.) The Plaintiff Lal Chand filed a suit against the partnership firm through its partners for declaration that he is the owner and in possession of the land measuring 28 big has 7 bis was (detailed in the plaint and hereinafter referred to as the land in dispute) being a part of the landed estate measuring 108 big has 6 bis was owned and possessed by him and that the revenue entries showing the Defendants to be the owners and in possession of the land in dispute are wrong, illegal, in-effective and not binding on his rights. As a consequential relief, permanent injunction was sought for restraining the Defendants from interfering in any manner with the ownership and possession of the Plaintiff qua the land in dispute. Such suit was decreed in favour of the Plaintiff Lal Chand by the learned trial Court on 30.11.1987.