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2012 Supreme(P&H) 1396

L.N.MITTAL
Chander – Appellant
Versus
Mohinder – Respondent


Advocates Appeared:
Mr. Anurag Jain, Advocate, for the petitioner

JUDGMENT

L.N. Mittal, J.

Aggrieved by order dated 4.10.2012 (Annexure P/4) passed by trial court, plaintiff no. 1 has filed this revision under Article 227 of the Constitution of India to challenge the said order.

Petitioner and proforma respondents no. 8 to 12 as plaintiffs have filed suit against respondents no. 1 and 2 as contesting defendants and against proforma respondents no. 3 to 7 as proforma defendants, interalia, seeking declaration that plaintiffs and proforma defendants are owners in possession of the suit land and contesting defendants have no concern therewith. The suit was filed on 1.9.2006. Some time in the year 2012, the plaintiffs sought amendment of plaint to challenge exparte decree dated 16.1.1989 passed in civil suit 723 of 1986 titled Panna versus Mann Singh etc. The said amendment application was dismissed by the trial court vide order dated 5.6.2012. Thereafter the plaintiffs filed application Annexure P/2 for permission to withdraw the suit with liberty to file fresh suit on the same cause of action.

Plaintiffs alleged in application Annexure P/2 that while filing affidavit of examination-in-chief of plaintiff no. 1-petitioner Chander, false documents includ













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