Jaswant vs Sahiram @ Satyaveer - 2023 Supreme(Raj) 1465

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1465

MAHENDAR KUMAR GOYAL
Jaswant – Appellant
Versus
Sahiram @ Satyaveer – Respondent

Advocates appeared:
Mr. Sunil Kumar Yadav with Mr. S.K. Lamba, for the Petitioner; Mr. M.S. Saharan with Mr. Hitesh Kumar, for the Respondent.

JUDGMENT

1. This writ petition under Article 227 of the Constitution of India is directed against the order dated 11.07.2017 passed by the learned Additional District Judge, Behror, District Alwar (for brevity, 'the learned trial Court') whereby, an application filed by the petitioner-defendant No.4 (for brevity, 'petitioner') under Order 11 Rules 14 & 15 read with Section 151 CPC has been dismissed.

2. The relevant facts in brief are that the respondent No.1/plaintiff (for brevity, 'plaintiff') filed a suit for partition and permanent injunction against the petitioner and the respondents No. 2 to 14. During its pendency, the petitioner filed an application under Order 11 Rules 14 & 15 read with Section 151 CPC which has been dismissed by the learned trial Court vide its order dated 11.07.2017, impugned herein.

3. Assailing the order, learned counsel for the petitioner submits that the plaintiff has already sold his share in the property in favour of Shri Ram Singh, husband of the defendant No.5 and father of the defendants No.6 & 7, who have already filed another suit and hence, the present suit is not maintainable. He, therefore, prays that the writ petition be allowed, the order im

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