DOULAT RAM Vs. ROOP CHAND

JUDGEMENT

(1.) Instant appeal filed under clause 12 of the Letters Patent is directed against order dated 19/3/2021 passed by a learned Single Judge, whereby the petition of the appellants for re-admission (RESC No.23/2018) of Civil First Appeal (CFA No.22/2013), dismissed vide order and judgment dated 17/9/2018, has been rejected.

(2.) Mr. R.K.Jain, learned Senior Counsel appearing for the contesting respondents has raised a preliminary objection to the maintainability of the letters patent appeal against the impugned order. It is argued by Mr. Jain that order dated 17/9/2018 passed by the learned Single Judge, whereby CFA No.22/2013 was disposed of is an order passed by the learned Single Judge on merits and, therefore, no application for re-admission, in terms of Order 41 Rule 19, is maintainable.

(3.) Before we examine the arguments of Mr. Jain, we deem it appropriate to notice few material facts to put the issues raised in this appeal in proper perspective. The appellants and the proforma respondents filed a suit for declaration to declare the sale deed executed by the contesting respondent Nos. 1 to 7 through respondent No.8 in favour of respondent Nos.9 to 11 as null and void. The suit was contested by the contesting respondents by filing their written statements. The Court of learned District Judge, Reasi ['the trial Court'] after holding trial dismissed the suit filed by the appellants vide its judgment and decree dated 30/4/2013.