RAMGOPAL Vs. KHIV RAJ

JUDGEMENT

(1.) The defendants-petitioners have filed this revision petition under S. 115 of the Code of Civil Procedure, 1908 against the order dated 4-12-1997 passed by the learned Civil Judge (Junior Division), Degana by which the learned Civil Judge dismissed the application filed on 30-1-1997 on behalf of the petitioners.

(2.) The plaintiff-respondents No. 1 and 2 filed a suit for ejectment and arrears of rent against the deceased-defendant-Govind Ram and defendant-respondent No. 3 Moolchand. During the pendency of the said suit, defendant-Govind Ram expired on 29-7-1993. The plaintiff-respondents No. 1 and 2 filed an application purporting to be under O. 22, R. 4, C.P.C. along with an application under S. 5 of the Limitation Act. That application was allowed. It may be stated here that in that suit, an ex parte order was already passed against the defendants-Govind Ram and Moolchand because their counsel Hariram pleaded no instructions on their behalf.

(3.) XXXXXXX