JARNAIL SINGH Vs. GURBACHAN SINGH

JUDGEMENT

(1.) Since all the appeals, titled above, depict the same controversy, hence have been heard and adjudicated together.

(2.) Objections filed today in the Court by defendant/respondent no.1 in Second Appeal Nos.17 and 19 of 2016 are taken on record. Copy thereof has already been supplied to learned Sr. Counsel for the appellant. In the rest two appeals, similar objections have already been placed in the respective files.

(3.) Having heard Mr. Rajendra Dobhal, learned Sr. Counsel for the appellant as well as Mr. Gurbachan Singh, respondent, appearing in person herein, it transpires that the plaintiff/appellant Jarnail Singh and defendant no.1 Gurbachan Singh are the real brothers. Plaintiff filed four suits for cancellation of four different sale deeds executed some time in the year 2005 and 2006 by their father Mohan Singh in favour of Gurbachan Singh. These suits were filed on different dates in the year 2012 wherein the Written Statement was filed and plea of Order 7 Rule 11(a)(d) was raised by the defendant seeking cancellation of such plaints. Learned Trial Judge accepted the plea in favour of defendant no.1 vide order dated 24.9.2013 and thus, rejected the plaints. This rejection order was challenged by way of filing four different revisions within the time limitation. Vide judgment dated 22.5.2015, the revisions were dismissed being not -maintainable since the order of rejection of plaint was appellable instead of revisable. Plaintiff, after almost two and half months, filed first appeals which were resisted by the defendant and he could succeed in getting the appeals dismissed on 24.11.2015 on the same premise viz. the plaintiff should have filed the appeals instead of revisions and since he could not present the appeals within time, therefore, the appeals too, were dismissed by learned Additional District Judge. Challenging the order of dismissal dated 24.11.2015 in all the matters, these four second appeals have been preferred before this Court.