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 petition is perused alongwith the Head Note thereof. The same is reproduced here below:-

“Suit for declaration to the effect that the plaintiff is the co- sharer, co-owner in joint possession of the suit properties fully detailed and described in the schedule given below:-

(A) 1/8 share of land measuring 75 Kls9 Mls. Bearing nokhasras 13R/15,16,14R/11, 12, 20, 24R/16/2, 25R/21/2/1, 29R/1, 2/1, 2/3, 3/2/2, 8/1, 9/1/2, 10/1, 13/2/2, 14/2/2, 14/3. 30R/5/1, 24R/25, Khewat No. 36, as entered in the jamabandi for the year 2011-12, situated at Village Aliwal Arraian, Had Bust No. 270, Tehsil Batala.

(B) 1/8 share of land measuring 27 Kls. 2 Mls., bearing Khasra No. 42R/12/3, 13, 18 min pahar, 18 min dakhan19, 20/2, 42R/12/2, 42R/12/1, bearing khewat no. 80, 218, 398 as entered in the jamabandi for the year 2009-10, situated at Village Talwandi Bharath, Tehsil Batala.

(C) 1/4 share of house property built over an area of around 13 Mls., bounded as North-Property of Sukhwant Singh, Harjinder Singh South- Raasta, East-Property of Avtar Singh and Raasta, West-Raasta and property of Jagjit Singh, Fauji, situated in Village Abbadi Village Aliwal Arraian, Tehsil Batala, shown as pink and worded as ABC D in the plan attached, along with the tube well bores, tube well electric connections, tube well Kothas, and all other installations, fixtures installed thereupon, and that the defendants no. 1 to 4, had have got absolutely no right, title and interest with the suit properties above stated, except their 3/8 share in the joint properties as detailed at Head Note “A” and “B”, above stated, and 3/4 in house property as detailed at Head Note “C”, having been inherited by them from Late Smt. Dalbir Kaur, and the alleged judgment and decree dt. 31.7.14, delivered by the Court of Ms. Etu Sodhi, Civil Judge, Batala, in the Civil Suit No. 234 of 26.5.2003, case titled Varinder Singh Vs. Dalbir Kaur Etc., alleged to have been filed by defendant no. 5, in the capacity of the next friend of the plaintiff against Dalbir Kaur, (now deceased), whereby the said suit was dismissed and the entire proceedings in respect thereof were/are absolutely not binding upon the plaintiff due to the fact of the same being an outcome of gross negligence, shown by the next friend in conductance of the case and being a result of fraud, collusion and conspiracy of defendant no. 5, with the other defendants and for that matter Late Dalbir Kaur, and being illegal, invalid, inoperative, ineffective, unauthorized, ultra vires, collusive, null and void, a nullity in the eye of law, and an outcome of fraud and misrepresentation played by the defendants inter-se, not only as against the rights of the plaintiff, but upon the Hon’ble Court as well, and was/is absolutely not binding, and liable to be declared so and