HARJINDER KAUR Vs. SUNITA

JUDGEMENT

(1.) THIS revision petition under Section 115 of the Code of Civil Procedure (CPC) is directed against the order dated 8th May, 1995 passed by the learned Sub Judge 1st Class, Sundernagar, whereby he dismissed the application filed by the petitioners under Order 22 Rule 3 read with Section 151 CPC and dismissed the suit of the plaintiffs as having abated.

(2.) BRIEFLY stated, the facts of the case are that the plaintiffs Smt. Harjinder Kaur, Smt. Ranjit Kaur, Sh. Kulwant Singh and Sh. Gurdit Singh filed a suit against Sh. Dwarka Nath Pathak, Shri Bhanu Kant Pathak and Shri Ravi Kant Pathak, for grant of decree of permanent prohibitory injunction. The plaintiffs alleged that they have half share in the suit property and the defendant No. 1 is the owner of the remaining half share. According to the plaintiffs, though no partition has taken place, the defendants have started digging holes in order to raise plantation over the best portion of the suit land. This suit was being contested by the defendants.

(3.) THIS order was challenged by the plaintiffs before the learned District Judge, Mandi and the appellate Court set -aside the same. Thereafter, some of the respondents herein filed Civil Revision No. 180 of 1999 and a learned Single Judge of this Court held that no appeal lay against the order rejecting an application for deleting the name of one of the plaintiffs and noting the fact that the suit had abated. Thereafter, the present Civil Revision was filed in this Court. An application for condonation of delay was also filed, which has already been allowed.