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2025 Supreme(Online)(PH) 2220

HIGH COURT OF PUNJAB AND HARYANA
ALKA SARIN, J
Nisha Sharma – Appellant
Versus
Bimaljeet Kaur @ Jasvir Kaur and Others – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Paras Jagga
For the Respondents:

Table of Content
1. challenge of suit based on order ii rule 2 (Para 1 , 2)
2. arguments concerning barring of suit under cpc (Para 3 , 4)
3. court's reasoning on technicalities and requirements under cpc (Para 5 , 6 , 7 , 8 , 9 , 10 , 11)
4. final dismissal of revision petition (Para 12 , 13)

ALKA SARIN, J.

1. Present revision petition has been filed challenging the order dated 17.08.2024 (Annexure P-1) whereby the application filed by the petitioner for dismissal of the suit under Order II Rule 2 of the Code of Civil Procedure , 1908 has been dismissed.

2. The brief facts relevant to the present lis are that plaintiff (respondent No.1 herein) filed a suit seeking inter-alia a declaration to the effect that she is owner to the extent of half share in the property i.e. measuring 07 Marlas comprised in Khata No.98/122, Khasra No.5/12 as per Jamabandi for the year 1999-2000, situated in village Bhattian, Hadbast No.328, Tehsil Khanna, District Ludhiana as well as for permanent injunction. It was claimed that Meehan Singh, father of the plaintiff (respondent No.1 herein) and the defendant No.1 (respondent No.3 herein), was owner in possession of the suit property. Bhajan Kaur was the mother

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