ASHIQ ALI Vs. PHATA

JUDGEMENT

(1.) THIS case has been wrongly described and registered as a second appeal. It ought to have been registered as a miscellaneous appeal from an order of remand under Order 41, Rule 23 C. P. G. by the District Judge, Pali, dated 8-7-67. The office is directed to make necessary correction.

(2.) THE facts giving rise to this appeal by Defendants Nos. 1 to 7 may be briefly narrated, as follows - THE plaintiff-respondent No. 1 Smt. Phata filed a suit for possession of two shops in question situated in Pali on the basis of title and alleged that the defendant-appellant had occupied the same with the permission of the plaintiff's mother. This suit was registered as Civil Original Suit No. 28 of 1954 and was tried by the Civil Judge, Pali, who decreed the suit on 27-11-1958, but on appeal by the defendants the suit was dismissed on 4-7-67 by the District Judge, Pali. Smt. Phata filed second appeal to this Court, but the same was dismissed in limine on 10-10-60. A review application was also filed in this Court but that too was dismissed on 22-10-1960.