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2024 Supreme(P&H) 79

ALKA SARIN
Joginder Singh – Appellant
Versus
Harjit Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Maninder S. Gill.
For the Respondent: Rakesh Bakshi.

JUDGMENT :

ALKA SARIN, J.

1. The present civil revision petition under Article 227 of the Constitution of India has been filed challenging the impugned order dated 20.10.2015 dismissing the application filed by the defendant Nos.1 and 2-petitioners for rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC).

2. The suit was filed by plaintiff-respondent Nos.1 and 2 for declaration challenging the gift deed dated 22.10.1992, judgment and decree dated 03.02.1995, sale deed dated 25.06.2001 and Will dated 24.11.1976. The plaintiff-respondent Nos.1 and 2 filed the suit challenging the said alienation on the ground that the alienated property was a part of the joint Hindu family property and hence the alienation is bad in law. The defendant Nos.1 and 2-petitioners filed a written statement as well as an application for dismissal of the suit on the ground of res judicata. It was averred in the application that an identical suit was filed by Parkash Singh and others. It was further averred that the plaintiff-respondent Nos.1 and 2 are the grandsons of Parkash Singh (defendant No. 3 in the suit) and earlier defendant Nos.3 and 4 had filed one civil suit for de

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