RAMSHRI THAKUR Vs. RAJYOGENDRA SINGH

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution, the petitioner has challenged the order dated 30.6.2011 whereby his application preferred under Order 13 Rule 10 C.P.C. is rejected by the Court below. Brief facts necessary for adjudication of this matter are as under:-

(2.) THE plaintiff/respondent No.1 instituted a Civil Suit for declaration and permanent injunction. It is contended by the plaintiff that the present petitioner is mother of plaintiff and plaintiff is owner of disputed house by virtue of some Likhtam and present petitioner is alienating the house. The respondent No.1 lateron withdrew the said suit with liberty to file afresh. The Court below permitted him to do so by order dated 6.10.2009 (Annexure P-5). In the said case, the plaintiff and his witnesses were already examined during the course of trial and certain documents which were in possession of the plaintiff were also filed before withdrawal of the matter.

(3.) PER contra, Shri J.P.Shrivastava, learned counsel for respondent No.1 supported the order.