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2023 Supreme(P&H) 856

GURBIR SINGH
Rakesh Kumar – Appellant
Versus
Shrikant Sharma through his LRs – Respondent


Advocates appeared:
Mr. Rakesh Kumar – petitioner in person.

GURBIR SINGH, J.

1. Challenge in this petition is to the order dated 10.10.2022, passed by learned Additional Civil Judge (Senior Division), Panchkula (for brevity – the Trial Court), whereby application filed by revisionist/petitioner under Order 22 Rule 3 CPC has been dismissed.

2. Brief facts, as culled out from the paper book are that respondents no.1 to 7/plaintiffs filed suit for declaration that plaintiffs and defendant no.1 (respondent no.8 herein) are joint owners and in joint possession of the house, as mentioned in the heading of the plaint and the Will alleged to have been executed by Dina Nath and registered in favour of the petitioner (defendant no.2) in respect of the said house is illegal, null and void and also for permanent injunction restraining defendants no.3 and 4 (performa respondents no.9 and 10) to transfer the house in question in favour of anybody else except the plaintiffs (respondents no.1 to 7) and defendant no.1 (respondent no.8).

3. The petitioner/defendant no.2 is contesting the suit. He moved application under Order 22 Rule 3 CPC on the ground that Power of Attorney holder namely Shrikant Sharma i.e. plaintiff no.1 had expired on 29.05.2019. The appli

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