UMESH SAROHA Vs. NATHA SINGH

JUDGEMENT

(1.) THE facts leading to filing of the present petition are that Natha Singh, the Respondent herein filed Civil Suit No.77/2004 against the Petitioner Dr.Umesh Saroha and others seeking declaration and permanent injunction. Since no ad -valorem court fee was paid objection was taken by Dr. Umesh Saroha whereafter amended plaint was filed paying ad -valorem court fees and enclosing the site plan along with the application under Order 6 Rule 17 CPC. Since the suit was beyond pecuniary jurisdiction of the Civil Judge, the same was returned and refiled in the Court of learned District Judge.

(2.) DR . Umesh Saroha and other Defendants filed an application under Order 3 Rule 2 read with Order 7 Rule 11 read with Section 151 CPC on the ground that Natha Singh had executed the Sale Deed dated 28th July, 2001 in favour of Dr. Umesh Saroha and his wife in the capacity of General Power of Attorney holder of Shri Manphool Singh. Hence Natha Singh could not have instituted the civil suit in his individual capacity.

(3.) THE said application filed by Dr. Umesh Saroha was disposed of vide order dated 23rd September, 2005 as Natha Singh stated that he will file the amended memo of parties. The suit was thus titled as "Manphool Singh through GPA Natha Singh vs. Dr. Umesh Saroha and others". Dr. Umesh Saroha along with other Defendants filed the written statement.