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2023 Supreme(P&H) 1598

VIKRAM AGGARWAL
Rajnish – Appellant
Versus
Suman – Respondent


Advocates appeared:
For the Parties : Mr. Ashwani Gaur, Mr. Gaurav Tyagi

Judgment

Mr. Vikram Aggarwal, J.

The present revision petition assails the order dated 24.03.2022 (Annexure P-7) passed by the Additional District Judge, Faridabad vide which the application filed by the respondent-defendant under Order 41 Rule 27 CPC for leading additional evidence was allowed.

2. The facts, as emanating from the revision petition, are that the petitioner-plaintiff filed a suit for declaration that the mutation No.2176/2250 dated 06.07.2016 was null and void and was not binding upon the rights of the parties. A decree of permanent injunction restraining the respondent-defendant from alienating the suit property or changing its nature and creating any third party rights etc. was also sought. The case set up by the petitioner-plaintiff was that he was the owner in possession of different parcels of land to the extent of his share (fully described in the plaint) situated in Village Karnera, Tehsil Ballabgarh, District Faridabad. It was averred that the father of the petitioner-plaintiff had executed a Will dated 17.11.2015 vide which he had bequeathed the suit property in favour of the petitioner-plaintiff. As per the petitioner-plaintiff, he had come into possession o

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