Hansaria, J. - (1.) The petitioner is one of the defendants in the suit out of which the present special leave petition arises. The plaintiffs are heirs of one Nand Ram, who is one of the five sons of one Jeevan Ram. The petitioner belongs to the branch of Rakha Ram, another son of Jeevan Ram. Ganpat was a son of Nanha Ram, still another son of Jeevan Ram.
(2.) The petitioner filed, at one point of time, suit No. 215 of 1973 which came to be disposed of on 6-4-1973 as below: "it is ordered that a declaratory decree in respect of the property in suit fully detailed in the heading of the plaint to the effect that the plaintiff will be the owners in possession from today in lieu of the defendant after his death and the plaintiff deserves his name to be incorporated as such in the revenue papers, is granted in facuur of the plaintiff against the defendant, in view of the written statement filed by the defendant admitting the claim of the plaintiff to be correct. Pleader's fee fixed Rs. 16/-. It is further ordered that there is no order as to costs." (Emphasis supplied) Thereafter nothing much happened, till the present suit was filed claiming one-third share in the suit land as heirs of Jeevan Ram. The petitioner contended that in view of the aforesaid order passed in Suit No. 215 of 1973, the dispute does not survive and he alone is entitled to be in possession of the suit land. The trial court held that the aforesaid decree was against law and facts. The appeal of the petitioner was dismissed by the District Judge; so too, the second appeal by a learned single Judge of the High Court, whose judgment has been impugned in this petition.
(3.) A perusal of the impugned judgment shows that among other reasons to decide the present proceeding against the petitioner, one was that the aforesaid decree not having been registered, the same could not have conferred any right on the petitioner. It is this view of the learned Judge which has been principally assailed in this petition.;