- (1.) Heard learned counsel for the petitioner who submits that the petitioner filed a suit for declaration against his brother, claiming adverse possession over the land in suit. The petitioner and his brother, the respondent are co-owners of this land in suit.
(2.) This suit for declaration was decreed in favour of the petitioner. Against this judgment and decree, a time barred restoration application, belated by about eleven years was filed by the respondent. During the pendency of the restoration application the respondent also filed a revision before the Commissioner, challenging the exparte judgment and decree.
(3.) Subsequently, an application was filed for withdrawing the revision on the ground that the revisionist wanted to pursue his restoration application filed before the Trial Court.;