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2023 Supreme(P&H) 1804

SANJAY VASHISTH
Varinder Singh @ Harpreet Singh – Appellant
Versus
Gurmeet Kaur – Respondent


Advocates appeared:
For the Parties : Mr. Harminder Singh, Mr. Arun Abrol

Table of Content
1. declaratory decree for co-ownership (Para 2 , 3)
2. issues framed for trial (Para 4)
3. plaintiff's application for additional issues (Para 5 , 6)
4. burden of proof regarding paternity (Para 10 , 11)
5. dismissal of unnecessary applications (Para 14 , 15)
6. final dismissal of the petition (Para 16)

Judgment

Mr. Sanjay Vashisth, J.

The present revision petition has been filed by petitioner-plaintiff, challenging the order dated 01.11.2019, vide which application under Order 14 Rule 5 of CIVIL PROCEDURE CODE , moved by the plaintiff was dismissed. Without challenging the order dated 1.11.2019, the petitioner-plaintiff, filed another application under Order 14 Rule 5 of CIVIL PROCEDURE CODE and the same was also dismissed vide order dated 06.12.2019. Thus, the same is also challenged before this Court by way of filing the present revision petition.

2. For understanding the facts in brief, it is submitted that the petitioner being plaintiff in the suit, is seeking a declaratory decree being a co-sharer, co-owner in joint possession of ½ share of the suit land as detailed in the Head Note A and B of the plaint. A copy of the plaint, which is appended with the present pet

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