JUDGMENT

MANOJ JAIN, J

1. Petitioner herein is defending a civil suit filed by his real sister. Such suit1 (hereinafter referred to as the present suit) was taken up by the learned Trial Court on 01.09.2018. The petitioner (defendant before the learned Trial Court) had moved three applications and his two such applications have been dismissed which has compelled him to file the present petition under Article

227 of the Constitution of India.

1 Civ DJ/611263/16

2. For the sake of convenience, I would be referring to the parties as per their nomenclature before the learned Trial Court and, therefore, the petitioner herein would be referred to as defendant and respondent Smt. Sant Kaur would be referred to as plaintiff.

3. The emphasis is primarily concerning dismissal of his application which he had moved under Order XXIII Rule 1 read with Order VII Rule 11 CPC.

4. According to the defendant, earlier also the plaintiff, his sister, had filed a similar suit which she had withdrawn. Though, she had sought liberty from the learned Trial Court to institute the suit afresh but since such liberty was not granted, the present suit is not maintainable and is liable to be dismissed in terms of Order