JUDGEMENT
DR.BHARAT BHUSHAN PARSOON, J. -
(1.) DISMISSAL of application under Order I Rule 10 CPC vide order
dated 5.10.2013 (Annexure P -4) passed by the lower court has resulted in
filing of this civil revision petition by the applicants/petitioners by way of
invoking supervisory powers of this Court under Article 227 of the
Constitution of India.
(2.) HEARING has been provided to the counsel for the parties while going through the paper book.
Harnarain son of Sarjit had purchased 40 Bighas of land in village Gokal. He had two brothers viz. Ram Dutt and Ram Lal. Successors
of Harnarain had filed a suit on 9.8.1983 against successors of Ram Dutt
whereby dispute of title among them was decided in their favour on
29.9.1986 (Annexure P -2). Thereafter, yet another suit has been preferred by them on 6.8.2008 claiming their title on the basis of said judgment and
decree dated 29.9.1986 where relief has been sought for correction of the
revenue record where they had been shown to be owners of 2/3rd share
whereas the decree had adjudicated 5/6th share to them in the land. This
litigation is again continuing between successors of Harnarain and
successors of Ram Dutt.
(3.) IT is important to notice that neither the present applicants nor their predecessor -in -interest had either been parties to the earlier litigation
decided on 29.9.1986 nor are parties in the present litigation.;
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