SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

KANWALJIT SINGH AHLUWALIA
Kailash – Appellant
Versus
Yasina – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Naresh Prabhakar, Advocate.
For the Respondent Nos. 1, 2 and 4:Mr. Amit Kumar Jain, Advocate.

JUDGMENT

Kanwaljit Singh Ahluwalia, J.—Kailash son of Kishan, his mother Smt. Savitri has preferred the present revision petition. They are aggrieved against the order dated 7.9.2004 passed by Additional Civil Judge (Sr. Division), Ferozepur Jhirka, whereby their application for amendment of the plaint was rejected. Petitioners herein had instituted a suit on 31.1.1996 for permanent injunction. Ad-interim injunction restraining the defendants from interfering in their peaceful possession over the suit land was granted and affirmed on 17.5.1996. On account of non-appearance of the petitioner-plaintiffs and their counsel, the suit was dismissed in default on 7.12.1996. An application for restoration of the suit was filed by the petitioner-plaintiffs on 20.5.1996 and the case was restored at its original number on 14.8.1997.

2. The case of the petitioner-plaintiffs is that after dismissal of the suit in default, defendant Nos. 1, 2 and 3 encroached upon the suit property and raised some construction by building walls and rooms on the suit property. The petitioner-plaintiffs projected that since construction had been raised by the defendants after institution of the suit, they are enti















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top