HARBANS LAL Vs. KUNDAN

JUDGEMENT

(1.) WITH the consent of the parties, the matter was taken -up for hearing and the parties were heard on the following substantial question of law: Whether the Court below committed an illegality in rejecting the appellants ' application under Order 41 Rule 27 CPC, seeking to bring on record pleadings of prior instituted suit between the parties, for determining the appellants ' prayer of staying the instant suit in view of provision of Section 10 CPC?

(2.) THE parties admittedly were co -sharers of land comprising Khata Khatauni No. 45/92, bearing Khasra Nos. 186, 187, 647/196, Kitas 3, measuring 0 -58 -49 Hectares situated at village Dochi, Pargana Chail, Tehsil Kandaghat, District Solan H.P. (hereinafter referred to as 'the suit land '). The said land stood partitioned, under the revenue law, in terms of orders dated

(3.) SHRI Harbans Lal, appellant herein aggrieved by the said judgment, filed an appeal before the District Judge, Solan. The main appeal was fixed for hearing on 2.1.2008 on which date none appeared on behalf of the appellants but however, the learned Counsel for the respondent was heard and the matter was fixed for pronouncement of judgment on 7.1.2008. The order is reproduced as under: 2.1.2008: Pt: None for the appellant. Shri P.C. Sood, Advocate, for the respondent. Arguments heard. Put up on 7.1.2008 for orders. Sd/ - (J.N. Yadav) Addl. District Judge, (Fast Track Court) Solan 2.1.2008.