JUDGMENT :

Chander Bhusan Barowalia, J.

By way of present petition, the petitioner has prayed for the following reliefs:

"It is, therefore, respectfully prayed that this petition may kindly be allowed and the judgment passed by the learned Additional District Judge-I, Kangra at Dharamshala Circuit Court at Nurpur, vide judgment dated 7.9.2016, passed in CMA No.7-N/XIV/10 of 2015, titled Nayyar Mineral Export Pvt. Ltd. vs. Surjeet Singh and others, whereby the learned Additional District Judge-I, Kangra at Dharamshala Circuit Court at Nurpur, has affirmed the order passed by the learned Civil Judge (Junior Division) Court No.II, Nurpur, District Kangra in CMA No.255 of 2012, in Civil Suit No.159 of 2012, dated 3.2.2015, may kindly be quashed and set aside and Civil Suit No.159 of 2012, titled Nayyar Mineral Export Pvt. Ltd. vs. Surjeet Singh, may kindly be heard and decided on merits."

2. Brief facts giving rise to the present petition are that petitioner-plaintiff (hereinafter referred to as 'plaintiff') maintained a suit for declaration through its Managing Director to the effect that plaintiff is owner-in-possession of the land comprised in Khasra No.1532/904, measuring 0-20-84, hect