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2023 Supreme(Del) 3862

CHANDRA DHARI SINGH
Sh. Giriraj – Appellant
Versus
Sh. Rishipal – Respondent


Advocates appeared:
Mr.K Venkatraman, Mr.Akash Tomar and Mr. Nikhil Kumar Chawla, Advocates, for the Petitioner.
Mr.Ratan Prakash and Mr. Mohd. Hashim, Advocates for R-1.

JUDGMENT

Chandra Dhari Singh, J. (Oral)

1. The present revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter `CPC'), has been filed by the petitioner/plaintiff seeking the following relief:

    "In view of the submissions made above the Revision Petition of the petitioner may kindly be allowed and set aside the impugned order dated 28.9.2022 and allow the application of the plaintiff U/O 6, Rule 17 of CPC.

    It is prayed accordingly."

2. The relevant facts leading to the instant petition are reproduced herein:

    i. The petitioner i.e., the plaintiff before the learned Trial Court had filed a Civil Suit bearing No. 570/2016, against the respondents/defendants, thereby, seeking partition and permanent injunction of four properties bearing Nos. 6, 9, 134, 135, Village Sarai kale Khan, Nizamuddin, New Delhi (hereinafter `Suit Property').

    ii. It is the case of the petitioner in the suit, that the Suit Property is the ancestral property and parties thereto have equal rights over the same. Pursuant to the filing of the suit, written statement was filed by the respondents, thereby, submitting before the learned Trial Court that one suit bearing No. 187/1978 (titled Ram

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