C.R. No. 2490 of 2010 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

C.R. No. 2490 of 2010 (O&M)

Date of Decision: 27.4.2010.

Darshan Singh and others

....Petitioners

Versus

Gurdeep Singh Toor and others

....Respondents

CORAM : Hon'ble Mr. Justice Rajesh Bindal

Present:-

Mr. S.K. Singla, Advocate

for the petitioners.

RAJESH BINDAL, J

****

The challenge in the present petition is to the order dated March 2,

2010, passed by the learned Court below whereby the application filed by the

petitioners/defendants for framing of issue regarding maintainability of the suit

and treat that as preliminary issue, was dismissed. However, while dismissing

the application learned Court below had opined that cause of action in the earlier

suit filed by respondent No. 1/plaintiff and the present suit, is different.

Brief facts of the case are that respondent No. 1/plaintiff filed suit

inter-alia seeking declaration claiming share in the joint property. The petitioners

are the parents and brother of respondent No. 1. In the written statement filed

by the petitioners, a preliminary objection was taken that suit was not