SUSHIL Vs. HARISHANKAR RAMNIVAS SHARMA AND ORS.

JUDGEMENT

(1.) Admit. Heard finally in view of notice for final disposal issued on 23/09/2014.

(2.) By this civil revision application filed under Section 115 of the Code of Civil Procedure (for short 'the Code'), the applicant, who is the original defendant No. 1 in S.C.S. No. 5055/2012 has challenged the order dated 30/06/2014 passed on the application below Exhibit-33 filed under provisions of Order VII Rule 11(a) and (d) of the Code for rejection of the plaint. Similarly, the order dated 15/09/2014 rejecting the review application below Exhibit-49 filed by the applicant is also under challenge.

(3.) Few facts which are relevant to consider the challenge as raised in the revision application are that, initially the non-applicant No. 1 had filed S.C.S. No. 581/2006 against the present applicant and three others. It was the case of the non-applicant No. 1 that he was the lawful owner of land bearing Kh. No. 46 and part of land bearing Kh. No. 47, admeasuring 1.75 acres. It was the further case that though the non-applicant No. 1 was the owner of aforesaid land, by sale-deeds dated 24/12/1998 and 29/01/2001, he was sought to be divested of his title. The aforesaid suit was, therefore, filed for declaration that the non-applicant No. 1 was the lawful owner of the suit lands on the basis of sale-deed dated 08/01/1999 and for a declaration that the sale-deeds dated 24/12/1998 and 29/01/2001 were null and void. A prayer for permanent injunction was also made. The applicant who was the defendant No. 1 had filed a counter-claim seeking declaration of his title. During pendency of the said civil suit, a compromise petition came to be filed on record on 07/10/2008. In terms of said compromise petition, the suit was withdrawn and the counter-claim filed by the applicant came to be decreed. This order was passed on 10/08/2008.