DHAN DEV Vs. MANOJ KUMAR

JUDGEMENT

(1.) THE instant revision petition has been directed by the respondents hereinafter called the "defendants", feeling aggrieved and dissatisfied by the order passed in Civil Misc. Appeal No.27 of 2001 by the learned District Judge, Mandi, vide which the order passed in Civil Misc. Application No.44-vi/99/98 on 6.6.2001 passed by Sub Judge, whereby the application for bringing on record the LRs of deceased-plaintiff was dismissed, consequently the suit was held have been abated.

(2.) PRECISELY , the facts are that Sh. Swami Dutt (since deceased) father of the appellant, hereinafter called as the "plaintiff" filed a suit against the defendants for seeking relief of declaration with a consequential relief of injunction with respect to the suit land, which was resisted and contested by the defendants, while denying the claim of the plaintiff, the suit was also contested on the ground of maintainability, limitation and estoppel.

(3.) THE defendants offered a strong resistance to the said application and denied the averments made therein. According to the defendants, the applicant was negligent and there was no sufficient cause to condone the delay.