HARDAYAL Vs. MADANLAL

JUDGEMENT

(1.) THIS miscellaneous application by the respondents Madanlal and Krishan Kumar in civil second appeal No. 727 of 1959 raises an important question as to the validity of rule 5 (11) of the Rajasthan Zamindari and Biswedari Abolition Rules, 1959, as amended (hereinafter called the Rules) in circumstances presently to be mentioned.

(2.) THE respondents were plaintiffs in this suit for specific performance of an agreement to transfer certain land, which was decreed against the defendants by both Courts below. THE defendants then came to this Court in second appeal No. 727 of 1959. By my judgment dated the 20th July, 1960, this appeal was stayed and eventually ordered to be abated by force of clause (1) of Sec. 5 (2) of the Rajasthan Zamindari and Biswedari Abolition Act, 1959 (Act No. 8 of 1959) (hereinafter called the Act) read with rule 5 of the Rules made under the Act. THE plaintiffs respondents have now preferred the present application under sub-rule (11) of Rule 5 of the Rules, which rule has since been amended by the Government of Rajasthan by its Notification No, F. 1 (152) Rev. A/59 dated the 23rd December, 1960, published in the Rajasthan Rajpatra Part IV (C) dated the 2nd February, 1961, 2nd the prayer is that the appeal be revived and re-admitted to its original number and disposed of on the merits.