JAGMOHAN SINGH Vs. RAM KHILAWAN DUBE

JUDGEMENT

(1.) This is an application to revise an order of the lower appellate Court dated 5th December 1927, by which the Court allowed an application made by the plaintiffs in the suit, who are the respondents before us, to withdraw the suit instituted by them with liberty to bring a fresh suit.

(2.) The facts which led to that application are briefly these: The plaintiffs came to Court with the prayer that they might be declared to be the owners of certain plots by virtue of a certain ancient gift. In the plaint they said that they were paying a certain amount of money periodically to the zamindars but that they were paying the same as being their share of the revenue payable to the Government, and that they are paying the same to the Government through the zamindars. When the parties were examined by the Court for framing the issues, on 18 December 1926, one of the plaintiffs said: "muzhir zamindar ko lagan deta tha." The defendants to the suit, who are the applicants before us, were the zamindars They opposed the claim on the ground that the plaintiffs were nothing but tenants of the lands in question. The learned Subordinate Judge who heard the suit found that it had not been proved that the plaintiffs were proprietors of the land. On this finding, he dismissed the suit.

(3.) An appeal was filed by the plaintiffs The appeal was heard on 1 December 1927. Then the counsel for the appellants asked for a day's time to produce some rulings. The case was ordered to be put up on 3 December 1927. On that date plaintiffs made an application for withdrawal of the suit with liberty to sue again. On that date the application was not heard because the counsel for the defendants were not present. The application was taken up before the counsel for the parties on 5 December 1927. The arguments of the counsel were heard, their statements were taken down and the learned Judge passed the order which is now being complained of before us.