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2023 Supreme(P&H) 662

SANJAY VASHISTH
Sanjiv Deepak Rahis @ Sanjiv Deepak Rais – Appellant
Versus
Rishab Rai Rahis – Respondent


Advocates appeared:
Mr. Deepak Girotra, Advocate, for the petitioner.
Mr. Sandeep K. Sharma, Advocate, for respondent No. 1.

SANJAY VASHISTH, J.

1. Petitioner/Defendant No. 1 – Sanjiv Deepak Rahis @ Sanjiv Deepak Rais, has filed the present revision petition, under Article 227 of the Constitution of India read with Section 115 of the CPC, for setting aside impugned order dated 15.05.2019 (Annexure P-6), passed by the Court of learned Civil Judge (Junior Division), Rohtak, whereby application under Order XI Rules 1 and 2 CPC, filed by him, was dismissed.

For convenience, parties to the lis, hereafter shall be referred to as their original position in the suit.

2. Brief facts of the case are that plaintiff (Rishab Rai Rahis), who is residing in United States of America, instituted a Civil Suit No. 658 of 2010/2015, through his Special Power of Attorney, namely, Gulshan Rai Narang, against the defendants, namely, (1) Sanjiv Deepak Rahis and (2) Sudha Popli. By way of said suit, plaintiff has sought relief of declaration alongwith permanent injunction on the ground that he is son of Sunil Kumar Rahis and grandson of Ram Parkash Rahis, while defendant No. 1 is son and defendant No. 2 is daughter of said Ram Parkash Rahis. Father and grandfather of the plaintiff expired on 08.09.1994 and 22.05.2003, respectively,

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