SARJAN & ORS Vs. BIMLA & ORS

JUDGEMENT

(1.) Rsa No. 592 of 2015 & CMP Nos. 3429 & 3430 of 2016

(2.) The suit filed by the plaintiffs for declaration that they have become owners of the suit land by way of adverse possession and permanent prohibitory injunction restraining the defendants from causing any interference in the suit land comprised in Khewat No. 46 min, Khatauni No. 96, Khasra Nos. 5, 364, 490, 491, 759, 761, 766 and 776, Kita 8, measuring 1-64- 94 hectares situated in Mohal Saundari, Tehsil Chirgaon, District Shimla, H.P. was dismissed by learned Civil Judge (Senior Division), Court No. 1, Rohroo on 26.4.2013 and Counter Claims preferred by the defendants were decreed and the decree for possession of the suit land passed in their favour. The plaintiffs were directed to handover the possession of the suit land to the defendants within two months. Learned Lower Appellate Court has dismissed the appeal filed by the plaintiffs. The legality and validity of the impugned judgment and decree has been questioned before this Court in the present appeal.

(3.) Process against the respondents-defendants was issued in the appeal. Notices issued to respondents No. 4 and 5 were received back with the report that they have expired. This has led in filing the two applications, as aforesaid, under Order 22 Rule 4 (4) of the Code of Civil Procedure for seeking exemption from substitution of the legal representatives of the said respondents on the ground that they have neither filed the written statement to the suit in the trial Court nor contested the same at any stage and rather allowed themselves to be proceeded against exparte.