SMT. SHIV PATTI DEVI Vs. YUDHISHTHIR DHAR DUBEY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision has been filed against the order dated 08.12.2008 passed by Civil Judge (Senior Division), Gorakhpur, in Original Suit No. 538/2003 (Yudhishthir Dhar Dubey v. Smt. Shiv Patti Devi & others) by which application 126 -Ga of defendants under Order -VII, Rule -11 CPC was rejected.

(3.) The fact relating to this revision are that defendant's side had filed a Writ Petition no. 17599/1999 for cancellation of registered free hold sale -deed dated 11.01.1999. This writ petition was allowed and the sale -deed in question was cancelled by judgment dated 08.05.2003 of this High Court. Thereafter original suit no. 538/2003 (Yudhishthir Dhar Dubey v. Smt. Shiv Patti Devi & others) was filed in the Court of Civil Judge (Senior Division), Gorakhpur for certain property and it was pleaded that the disputed property is different from that property which was subject matter of writ petition no. 17599/1999. The plaintiff had sought relief in this suit for declaring that judgment of the High Court in Writ Petition No. 17599/1999 relating to said free hold registered sale -deed was for different property, other than one mention in the plaint, and defendants 1 st set (Smt. Shiv Patti Devi and Paras Nath Gupta) be restrained from interfering in possession of plaintiff or damaging the construction of plaintiff present over this property in suit.