SUNIL GOMBER Vs. ANIL GOMBER

JUDGEMENT

(1.) IA No.21729/2014(by D -2 u/S 10 r/w 151 CPC)

(2.) COUNSEL for the applicant states that the plaintiff has been impleaded as defendant No.1 in the aforecited suit and both the defendants therein have filed their written statements, whereafter the following two issues were framed on 19.3.2013 :

(3.) IT is submitted by the counsels for the defendants that though the plaintiff is a party in the aforesaid suit for partition filed by defendant No.2 in respect of the very same property, he has proceeded to file the present suit on 1.3.2014, which is not maintainable.