SATWANT KAUR Vs. MANJIT KAUR

JUDGEMENT

(1.) The present revision petition has been filed by Satwant Kaur petitioner directed against the judgment of the learned Additional District Judge, Amritsar, dated 8.10.1996. By virtue of the impugned judgment, the learned Additional District Judge had set aside the order passed by the learned trial Court. The ex parte decree dated 23.4.1992 was set aside. The case was remanded to the trial Court with the direction that the case be directed afresh after disposing of the application dated 14.1.1992 for bringing on record the legal heirs of Harbhajan Singh deceased.

(2.) Some of the relevant facts can conveniently be restated. One Mohinder Singh was the owner of 76 Kanals 4 Marias of land. He also had some land in village Berianwala, Tehsil Baba Bakal, District Amritsar. Mohinder Singh died on 15.8.1996. He was survived by his widow, two sons and two daughters. Mohan Singh and Harbhajan Singh were the two sons. They had set up two Wills dated 14.6.1986 and 9.8.1986 to claim inheritance of the land. The petitioner on 28.4.1989 filed a civil suit for possession alleging herself to be a co-sharer. Mohan Singh and Harbhajan Singh contested the suit and filed separate written statements. Ajit Kaur, the other sister of the petitioner, conceded the claim of the petitioner. The petitioner has completed her evidence and thereupon it was adjourned for the evidence of the respondents.

(3.) On 11.1.1992 Harbhajan Singh died and his legal representatives made an application that they be impleaded as a party on 14.1.1992. The case was adjourned to 3.2.1992 and then to 2.4.1992. On that date, counsel for Mohan Singh made a statement that he had no instructions. Legal representatives of Harbhajan Singh did not appear. They were proceeded ex parte. Ex parte judgment and decree had been passed.