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2023 Supreme(P&H) 663

VIKRAM AGGARWAL
Ishwar – Appellant
Versus
Bhim Singh – Respondent


Advocates appeared:
Mr. Ajay Jain, Advocate for the petitioner.
Mr. Hemant Bassi, Advocate for respondents No.1 and 2.
Mr. Gagan Pradeep Singh Bal, Advocate for respondent No.3.

VIKRAM AGGARWAL, J.

1. The present revision petition preferred under Article 227 of the Constitution of India assails the order dated 05.08.2019 (Annexure P-5) passed by the Civil Judge (Jr. Division), Hisar, vide which the application filed by the present petitioner and the proforma respondents under Order 7 Rule 11 CPC (Annexure P-3) for the rejection of plaint was dismissed.

2. The facts, briefly put, are that the contesting respondents-plaintiffs i.e., respondents No.1 to 3 filed a suit for declaration to the effect that they are the owners in possession of agricultural land measuring 14 Kanals 1 Marla situated at Village Sandlana, Tehsil Barwala, District Hisar (fully described in the plaint) which had fallen to the share of the respondent-plaintiff No.1-Bhim Singh in partition. The prayer also was that the respondents-plaintiffs were entitled to get their names recorded in the revenue record as owners and the land was not liable to be partitioned. A declaration to the effect that the order dated 08.02.2017 passed by the Assistant Collector 2nd Grade, Barwala, District Hisar was illegal was also sought. It was the case of the respondent/plaintiffs that they and the defendants (i

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