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2011 Supreme(P&H) 1868

RAM CHAND GUPTA
Vinod Kumar – Appellant
Versus
Gurmail Singh – Respondent


Advocates appeared:
Surinder Garg, Advocate for the petitioner.
Mr. N.S. Dhandiwal, Advocate for respondent no.1.

JUDGMENT

RAM CHAND GUPTA, J. (Oral) - Petitioner has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India for setting aside impugned order dated 30.03.2010 passed by learned Civil Judge(Junior Division), Bathinda vide which request of petitioner-plaintiff to withdraw the present suit with liberty to file another suit on the same cause of action under Order 23 Rule 1 of Code of Civil Procedure (for short, the ‘CPC’), was declined.

2. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court.

3. Brief facts relevant for the decision of the present revision petition are that, present petitioner-plaintiff filed a suit for declaration to the effect that he is owner in possession of the property in dispute which was purchased by him vide registered sale deed bearing no.2112 dated 08.06.2001 and that order dated 24.10.2005 by the Collector, Sub Division, Bathinda regarding mutation no.2453 is illegal and void and that no street exists in the property in dispute with a consequential relief of permanent injunction restraining respondent-defendant no.1 from illegally





























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