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2019 Supreme(P&H) 1585

AMOL RATTAN SINGH
Surinder Mohan [deceased] by LR – Appellant
Versus
Baldev Singh – Respondent


Advocates Appeaerd:Mr. Amar Vivek, Advocate for the petitioner.
Mr. Dipender Singh Kamra, Advocate, for the respondents.

JUDGMENT

Amol Rattan Singh, J.:- By this petition, the petitioner challenges the order of the learned trial court dated March 03, 2015, by which his application seeking rejection of the plaint in the suit filed by respondent no.1 herein has been dismissed. Vide the said suit, the respondent-plaintiff sought a declaration to the effect that the “rent agreement purporting to be dated 16.10.1989 executed between defendant No.1 and 5, and witnessed by defendant No.1 and 3, is false fictitious and forged document upon which the signatures of defendant Ajay Kumar have been forged by the other defendants, maliciously and that the said document is unenforceable and ineffective against the plaintiff”.

Further, consequential relief of permanent injunction, restraining the defendants in the suit (including the petitioner herein) from enforcing the said rent agreement ‘against the rights of the plaintiff’, had also been sought.

The application filed by the petitioner, seeking rejection of the plaint, is essentially on the ground that the validity and genuineness of the aforesaid agreement dated 16.10.1989 had already been settled in a previous civil suit instituted by the petitioner herein, bea

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