SH. MADAN LAL (SINCE DECEASED SMT. RAMRAMESHWARI DEVI W/O SH. MADAN LAL AND ORS.), Vs. SH. RAM PARSHAD (SINCE DECEASED THROUGH HIS LEGAL HEIRS. SMT. NIRMALA DEVI (WIFE) AND ORS.)

JUDGEMENT

(1.) PRESENT petition under Article 227 of the Constitution of India, has been filed by petitioners challenging order dated 9th July, 2010 passed by Civil Judge, Delhi, vide which application of petitioners under Section 151 of Code of Civil Procedure (for short as 'Code') for treating issue No. 4 as preliminary issue, was dismissed with costs of Rs. 2,000/ -.

(2.) PRESENT petitioners belong to that category of litigants whose only motive is to create obstacles during the course of trial and not to let the trial conclude. Application after application are being filed by the petitioners at every stage, even though orders of the trial court are based on sound reasoning. Moreover, petitioners have tried to mislead this Court also by filing wrong synopsis and incorrect dates of events.

(3.) IN list of dates and events (page B of paper book) it is stated that respondents filed a suit for mandatory injunction and recovery of Rs. 36,000/ - on 22nd September, 2003. In fact, as per typed copy of plaint placed on record (page 26 to 30 of paper book) suit was filed by predecessor -in -interest of respondents in 1992. Written statement was filed by predecessor -in -interest of the petitioners, in 1992. This shows that suit is pending trial for last 18 years. Thus, petitioners tried to mislead this Court by mentioning wrong date of 22nd September 2003, as date of filing.