9911796707
TMI Blog2012 (7) TMI 1108X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the land in question. Originally the land in question was owned by Smt. Lari Mohansingh @ Madna Wati and was in occupation of Shankar Lal as a tenant. After coming into force of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, Shanker Lal, moved an application on 21.01.1957, for proprietary rights under Section 11 of the said Act before the Compensation Officer, Mahesu. In the meantime, Madna Wati sold the suit land to Panu Ram (defendant No.2) on 22.10.1960. Defendant No.2 purchased the said land as benami in the name of his wife Kamla Devi (defendant No.1), who was a minor at that time. After the sale of suit land, defendant No.1 through defendant No.2 was substituted as respondents in place of Madna Wat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal before the High Court, since the possession was forcibly taken from Reshmoo Devi, she filed a suit for recovery of possession being Suit No. 61/1 of 1976 before the Sub-Judge (I), Shima which was decreed in her favour on 25.03.1985. (e) Aggrieved by that judgment, Kamla Devi filed an appeal before the sub- Judge, Ist Class, Shimla. During the pendency of the appeal, Reshmoo Devi died on 25.09.1985. An application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 (in short "CPC") was filed by the sister of Reshmoo Devi for bringing her on record as legal representative (L.R.). However, another application was filed by Hira Singh and Attar Singh that they may be brought on record as L.Rs of Reshmoo Devi on the basis of a Wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Civil Judge allowed the application and dismissed the suit filed by Attar Singh. (j) Against the said order, Attar Singh filed F.A. No. 90-S/13 of 2005 before the District Judge (Forest), Shimla. After the death of Attar Singh, Kamla Devi was brought on record as his legal representative. Vide order dated 31.07.2009, the District Judge (Forest) allowed the appeal. Challenging the said order, the appellant herein and his sister, Kular Mani, filed R.S.A. No. 501 of 2009 before the High Court. By the impugned order dated 20.09.2010, the High Court dismissed the appeal. Against the said order, the appellant herein filed an appeal by way of special leave petition before this Court. 4) Heard Ms. Radhika Gautam, learned counsel for the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder VII Rule 11 CPC and it is also brought to our notice that the said proceedings are going on. In view of the same, the provisions of Order IX Rules 8 and 9 CPC are not applicable to the said suit. Even otherwise, the relief sought in the suit (which was earlier dismissed for default) and in the present suit are with regard to different properties. For the same reasons, the provisions of Order XXIII Rule 1 (3) & 4 (b) of CPC are not applicable. 8) The law has been settled by this Court in various decisions that while considering an application under Order VII Rule 11 CPC, the Court has to examine the averments in the plaint and the pleas taken by the defendants in its written statements would be irrelevant. [vide C. Natrajan vs. Ashim B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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