SH RAJ KISHORE TYAGI Vs. RADHEY SHYAM

JUDGEMENT

(1.) THOUGH service is not effected on all the respondents I can proceed ahead with the hearing and disposal of the appeal for the reason the battle has to be fought inter se the appellant and respondent No. 1 who was impleaded as defendant No. 8 in the suit and on whose application under Order 7 rule 11 CPC the plaint has been rejected.

(2.) MR. Tomar learned counsel for respondent No. 1 states that the appeal may be heard for disposal today itself.

(3.) THE appellant had filed a suit for possession, declaration and permanent injunction in para 1 whereof it was pleaded as under:-