KANKU Vs. DHANI RAM

JUDGEMENT

(1.) Petitioner (hereinafter referred to as 'the Defendant') has filed this revision petition against the order dated 7.10.2002, passed by learned Sub Judge 1st Class (1), Rohroo in Civil Suit No. 30/ 1 of 2002, whereby he allowed application under Order 23 Rule 1(3) of the Code of Civil Procedure filed by the Respondent, (hereinafter referred to as 'the Plaintiff).

(2.) Admitted facts of this case are that Plaintiff filed a suit for declaration to the effect that he has become owner of the land comprising khasra No. 255/1, measuring 0-03-40 Hect, situate at Chack-Batara, Tehsil Rohroo, District Shimla by virtue, of adverse possession. His possession is continuous, uninterrupted as well as to the knowledge of the owner. Further decree restraining the Defendant from interfering in the lawful and settled possession of the Plaintiff in any manner was also prayed for.

(3.) When put to notice, Defendant filed written statement as also counter claim. Parties after framing of issues have examined oral evidence and have also produced documentary evidence. An application dated 5.10.2002 was filed by the Plaintiff. At this stage, it may be noted that Plaintiff had concluded his evidence and Defendant has also examined as many as eight witnesses, when this application under Order 23 Rule 1(3) Code of Civil Procedure as aforesaid was filed. By means of following order, this application was allowed: