CHET RAM Vs. BRIJ LAL AND ORS.

JUDGEMENT

(1.) Order of limited remand.

(2.) PRESENT regular second appeal is filed under Section 100 of Code of Civil Procedure 1908 against judgment and decree passed by learned District Judge Bilaspur (H.P.) on 27.12.2002 in Civil Appeal No. 95 of 1993 titled Achhru (deceased) through LRs Garja Ram and others v. Chet Ram and others.

(3.) PER contra written statement filed on behalf of defendants pleaded therein that suit is not maintainable. It is pleaded that suit is time barred and plaintiffs are estopped from filing the present suit because of their act and conduct. It is pleaded that plaintiffs did not raise any objection during consolidation proceedings. It is pleaded that plaintiffs have taken active part in consolidation proceedings. It is pleaded that entries in revenue record relating to possession of defendant No. 1 are correct. It is pleaded that parties are in settled possession of suit land as per entry in revenue record. It is denied that Jaindu son of Khindoo had civilly died and it is also denied that 6/90 shares of Jaindu son of Khindoo devolves upon the plaintiffs being reversioners. Prayer for dismissal of suit sought.