RAJA SHANKER PRATAP SINGH Vs. MOTILAL

JUDGEMENT

(1.) PRIDEAUX , A.J.C. 1. One Raja Bijay Bahadur, the plaintiff's predecessor-in-title, filed Civil Suit No. 555, 1924, against the present defendant for possession of two fields. Raja Bijay Bahadur died on 28th March 1925, and the suit was dismissed on 23rd April 1926 by an order which stated: Parties absent. Dismissed in default at 3 p.m.

(2.) THE plaintiff brought the present case on the same cause of action. The defence was that as the former suit had abated, the present suit was not maintainable under Order 22, Rule 9, Civil P.C. Both the lower Courts have held that the former suit automatically abated after the 90 days allowed for the Raja's heirs to appear and that Rule 9, Order 22, barred the present suit.

(3.) THE result is that this appeal fails and is dismissed with costs. Appellant will pay the respondent's costs.