ASHOK KUMAR Vs. SURJIT KAUR

JUDGEMENT

(1.) This appeal impugns the judgment and decree of the Court of the Addl. District Judge (Central) 08, Tis Hazari, Delhi of dismissal of Civil Suit No.172/13 (ID No.02401C0105852012) filed by the appellant consequent to the order of rejection of plaint, on the ground of the suit being by way of re-litigation.

(2.) The appeal came up before this Court first on 22nd November, 2013 when the counsel for the respondents no.1 to 6 as well as the counsel for the respondent no.7 Director of Rehabilitation, Land & Building Department appeared, being on caveat/on advance notice; though none appeared for the respondent no.8, the Sub Registrar, Asaf Ali, Road, Darya Ganj, New Delhi but the respondent no.8 being a formal respondent and the plaint of the suit filed by the appellant having been rejected on the application of the respondents no.1 to 6 under Order VII Rule 11 of the CPC, the presence of the respondent no.8 was not deemed necessary and the service of notice of the appeal on the respondent no.8 was dispensed with. Considering the nature of the ground of dismissal of the suit and further considering that the execution of the decree in the earlier suit filed by the respondents no.1 to 6 was informed to be listed on 3rd December, 2013 and which proceeding would have been affected by the pendency of the present appeal, with the consent of the counsels the appeal was finally heard on 22nd November, 2013 itself and while reserving judgment, by way of abundant caution, the Trial Court file was also requisitioned and has been received and perused.

(3.) The appellant/plaintiff on 6th March, 2012 instituted the suit from which this appeal arises, for the reliefs of:-