RANJIT LAL MALHOTRA Vs. INDU BALA MALHOTRA

JUDGEMENT

(1.) BY this common order I shall dispose of these three petitions under Section 115 of the Code of Civil Procedure by which the petitioner has assailed the order dated 8th February 2006 passed by learned trial court whereby the preliminary issue of maintainability of the suit was decided in favour of the plaintiffs and the suit filed by the plaintiffs (respondents No. 1 to 4 herein) was held to be maintainable. Three suits were filed by the respondents/plaintiffs with respect to same property i.e. F -5, East of Kailash, New Delhi. When the matter was fixed before the Civil Judge on 19th November 2005, he found that the suits were suffering from vagueness, malafides, lack of cause of action, concealment of material facts and had not been brought properly. He was prima facie of the view that the suits were not maintainable in the present form. He framed a preliminary issue whether the suit of the plaintiffs was maintainable in the present form and in view of the subsequent developments. The case was, however, transferred from the Court of that Civil Judge and was assigned to other Civil Judge on 8th February 2006. On 8th February 2006, when the case was received by transfer, the transferee Civil Judge ordered for registration of the case and simultaneously asked the parties to address arguments on the preliminary issue. The counsel for the defendants was not available. Even defendant No. 7. was not present. He did not wait for the counsel for defendants or defendants and by the impugned order passed on the same day, decided the preliminary issue in favour of the plaintiffs, Aggrieved by the order, the petitioner/defendant preferred this revision petition.

(2.) IT is to be noted that the suits were filed by the plaintiffs in respect of property F -5 East of Kailash, New Delhi seeking a mandatory and permanent injunction before the learned Civil Judge. The prayer made in the suits are as follows:

(3.) THE present petitioner who is one of the defendants had alleged that he was one of the legal heirs of Shri Chiranji Lal, the original allottee. No partition had taken place qua the property in question and the reliefs sought by the plaintiff were beyond the scope and purview of the Specific Reliefs Act. The plaintiffs had in fact already sold off their l/4th undivided share to one builder Mr. Vijay Dixit who took possession from them and constructed a multi storied building on the property and the present suit was filed on behalf of the builders who wanted to deprive other legal heirs of their legitimate rights in collusion with the plaintiff.