SUKHVINDER KAUR
Inderpal – Appellant
Versus
Aarush Yadav – Respondent
JUDGMENT :
Mrs. Sukhvinder Kaur, J. :- By way of present revision petition, the petitioner has challenged order dated 08.12.2023 (Annexure P-9) passed by learned trial Court, vide which application filed by the petitioner under Order 1 Rule 10 of CPC was dismissed.
2. The brief facts relevant for the adjudication of the present revision petition are that the plaintiff filed a civil suit No.144 of 2021 for declaration with consequential relief of permanent injunction against respondents No.1 and 2 qua land measuring 114 Kanal (63 Kanal + 15 Marla and 50 Kanal + 5 Marla) Chahi situated within the revenue estate of village Mehchana, Tehsil Farukhnagar, District Gurugram, by alleging that he is joint owner in possession alongwith the other who are also co-sharers as per their shares. The plaintiff challenged the General Power of Attorney bearing vasika No.58 dated 06.07.2020 and transfer deed based upon the said General Power of Attorney.
3. During pendency of the suit, the application under Order 39 Rules 1 and 2 CPC moved by the plaintiff was allowed in his favour vide order dated 20.04.2022 by holding that when the GPA in question is under suspicion, then it would be best for the inter
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