GUNINDER PUSHP JAIN Vs. ARIHANT JAIN AND ANOTHER

JUDGEMENT

(1.) Impugned in this revision petition is order dated 01.6.2015 passed by the learned Additional District Judge, Jammu (The Trial Court for short) in File No. 196/Misc. titled Mahimawati Jain v. Guninder Pushp Jain whereby the Trial Court has recalled its order dated 15.9.2006 whereby the suit filed by the respondents had been dismissed as withdrawn.

(2.) The facts giving rise to the filing of this petition, briefly stated, are that the petitioner filed a suit for declaration that she is owner in possession of House No. 74- A/D Gandhi Nagar, Jammu to the exclusion of respondents and also for permanent prohibitory injunction. The suit was based on an oral will. The suit aforesaid was not contested and the same was therefore, decreed on 10-01-1998. One Mahimawati Jain was one of the defendants in the aforesaid suit. On 4.1.1999, aforesaid Mahimawati Jain, filed a suit for declaration to the fact that the decree passed on 10.01.1998 by the Sub Judge (CJM), Jammu against her was null and void, inoperative and not binding upon her. Relief of permanent prohibitory injunction was also sought. She also claimed partition of the property by meets and bounds. Mahimawati Jain, however, died during the pendency of the suit and the respondents herein were brought on record. The issues were framed in the suit and the evidence was led by the respondents herein. However, before the petitioner/defendant could enter in the witness box, the respondents stated at bar before the Trial Court that the parties had settled their disputes and therefore, they did not want to proceed further with the case. Statements of respondents and their counsel were recorded and accordingly the suit was dismissed as withdrawn vide order dated 15.9.2006.

(3.) Respondents filed application for recalling of order dated 15.9.2006 and restoration of the suit titled Mahimawati Jain v. Guninder to its original number. The aforesaid application of the respondents was dismissed by the Trial Court vide its order dated 19.10.2010. The respondents assailed the aforesaid order before this Court by way of revision petition which was allowed by this Court vide order dated 12015. Order dated 19.10.2010 passed by the Trial Court was set aside and direction was given to the Trial Court to dispose of the petition afresh. The matter was again considered by the Trial Court and vide order impugned , application of the respondents was allowed and the order dated 15.9.2006 passed by the Trial Court dismissing the suit as withdrawn was recalled and the suit was restored to its original number.