YOGESH KUMAR SHARMA Vs. VEENA

JUDGEMENT

(1.) THE present petition under Section 115 read with 151 CPC is filed by the petitioner (plaintiff) for quashing the order dated January 2, 2012 passed by the leaned trial court dismissing the application of the petitioner under Section 151 CPC read with Order 18 Rule 17 CPC wherein the petitioner sought the prayer for recall of order dated 20th February, 2006 whereby the evidence of PW-1 was closed despite of last and final opportunity granted to the petitioner No.2. PW-2 was examined by the petitioner later on who was cross-examined and discharged. The application for recalling of order dated 20th February, 2006 was filed on 12th August, 2011 after more than five and half years.

(2.) THE present petition arose from a suit filed by the petitioner against the respondents (defendants) who are the sister-in-law (respondent no.1), brother (respondent no.2), Nephew (respondent no.3), Niece (respondent no.4) and Mother (respondent no.5) of the petitioner, respectively.

(3.) THE said suit was filed on June 19, 2004 whereby the petitioner contended that the respondents were occupying forcibly, illegally and unauthorisedly some portion of the suit property against the consent and wishes of the petitioner and his wife and were hence liable to pay damages for use and occupation thereof.