RAMDEO SINGH Vs. KAMAKHYA NARAIN SINGH

JUDGEMENT

(1.) This is plaintiff-petitioner's application against order dated the 5th July, 1980. It seems that the application has been filed by the plaintiff-petitioner under Section 151 read with Order 9, Rule 4 of the Civil P. C. (hereinafter to be referred as the Code).

(2.) The plaintiff-petitioner has brought the suit for recovery of Rs. 13,000.00against the opposite party which has been numbered as Money Suit No. 46 of 1976. The plaintiff-petitioner's case is that he mentioned about his daughter's marriage to opposite party No. 2, and he was informed that he had a son of marriageable age, and thereupon the plaintiff petitioner agreed to pay Rs. 13,000.00cash to defendant No. 1 (opposite party No. 1) for the marriage, and, in fact, the plaintiff-petitioner paid that amount, and Tilak was performed. Later on, according to the plaintiff-petitioner, the petitioner realised that it was not proper now to marry his daughter after giving dowry, and he felt repented and hence he went to defendant No. 1 (opposite party No. 1) and informed that it was not possible to marry his daughter after giving dowry and he demanded the amount paid to defendant No. 1. According to the petitioner he also mentioned that unless defendant No. 1 returned the money, the petitioner would not marry his daughter with opposite party No. 2. The amount was not returned nor the marriage was performed.

(3.) It seems one Bachi Devi (defendant No. 3 (a) ) in the original suit died on 22-2-1979. Thereafter the plaintiff filed two petition -- one dated 23-2-1979 and another dated 6-4-1979. By petition dated 22-3-1979 the petitioner (plaintiff) just informed the court about the death of aforesaid Bachi Devi (defendant No. 3 (a)), and the petitioner wanted to find out the date of death and the name of her legal heirs. The petition dated 6-4-1979 filed by the plaintiff-petitioner was the application for substitution of the heirs and legal representative of aforesaid Bachi Devi (defendant No. 3 (a)). On the application for substitution filed by the plaintiff-petitioner the court fixed 19-5-1979 as the date for hearing of the substitution matter.