ORDER

Chandra Dhari Singh, J. (Oral)--The instant petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter "CPC"), has been filed seeking following reliefs:

"i. Allow the present petition

ii. Set aside the impugned judgment/order dated 05.07.2022 passed by the Ld. Trial Court Ms' Shivali Bansal, ADJ, on application filed under order VII Rule 11 CPC in Civil Suit No-958/2017 titled as Hariom Kumar V/s. Laxmi Devi & Ors. and reject the plaint of respondent filed before Ld. trial court.

iii. Call the trial court record;

iv. The cost of the petition may also be awarded in favour of the petitioner and against the Respondent.

v. And to award other relief or reliefs in favour of the Petitioner and against the Respondent which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case, in the interest of Justice."

2. It is submitted that the petitioner in the present suit is one of the defendant in the civil suit bearing no. 958/2017 filed by the respondent/plaintiff. It is further submitted that the respondent/plaintiff has filed the suit for the partition of property measuring 183 sq. yards out of Khasra no.19/21 and 19/22 bearing no. A-3, 25 Fe