PARMESHWARI Vs. JAI SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 4.4.2005 passed by the Civil Judge, Delhi dismissing an application of petitioner-plaintiff under Order XXII Rule 4 of Code of Civil Procedure read with Section 151 of Code of Civil Procedure and also dismissing the suit being not maintainable.

(2.) I have heard Mr.Krishan Kumar, learned Counsel for the petitioner and Mr. R.K. Sharma, learned Counsel for respondents and have gone through the impugned order as also copies of the documents placed on the file.

(3.) Briefly the facts are that the petitioner herein (plaintiff in the trial Court hereinafter referred to as plaintiff) filed a suit for perpetual injunction against late Shri Ratan Lal, who expired during pendency of the suit and application for bringing his LRs on record was moved. The LRs are arrayed as respondent NOS. 1 to 4 in this petition. The case of the plaintiff is that she was lawfully wedded wife of defendant Rattan Lal (since expired) and was residing with him in a house situated on a plot of land measuring 300 sq. yards. Comprising four rooms and three shops in khasra No. 319 Village Jonapur, Mehrauli, New Delhi.