I.D.Dua, J. - (1.) This is a revision under Section 115 of the code of Civil Procedure and is directed against the order of a learn-ed Subordinate Judge 1st Class, Delhi, dated 4th March, 1963, reviving a suit which had been stayed as far back as April, 1954, on account of some other suit for specific performance between the parties in which the question of partitioning the shares of the property in the present suit was also involved. That other suit was disposed of in November, 1961, and an application for the revival of the present suit and its decision on the merits was thereupon filed by the plaintiffs.
(2.) The defendants resisted that application and the pleadings gave rise to the following three issues:- 1.Whether the application for restoration is defective as alleged? If so, to what effect? 2. Whether the suit cannot be revived as per allegations in the reply? 3. Whether the suit has abated as alleged? If so, to what effect?
(3.) The first issue was not pressed in the Court below and does not concern this Court in the present proceedings either. Issues Nos. 2 and 3 were disposed of together. Here I may mention the circumstances which gave rise to these two issues.;