1. The present petition under Article 227 of the Constitution of India has been preferred by the petitioner against the order dated 6.12.2017 and order dated 11.12.2017 passed in Civil Suit No. 60A/2013 passed by III Civil Judge Class-II Gwalior whereby application preferred at the instance of petitioner (defendant No. 1-b) under section 151 of CPC has been rejected.

2. Precisely stated facts of the case are that plaintiff/ respondent No. 1 herein has initially instituted a civil suit against defendants for declaration and permanent injunction in respect of suit house. During pendency of the suit defendant No. 1-Umed Singh died and his LRs including present petitioner were brought on record and the suit is still pending. Defendant No. 3 filed written statement on his behalf as well as on behalf of defendants No. 1 and 2 and made averments that original defendant No. 1-Umed Singh has executed a will dated 2.4.2006 in favour of defendant No. 3-Pratap Singh and on the basis of said will he became owner of the suit property. He further averred that being the owner of the suit property, he sold the suit property to one Manish Sharma vide registered sale deed dated 31.3.2012.

3. Defen