SUNIL RAMKISHAN JAISWAL Vs. OMPRAKASH RAMKISHAN JAISWAL

JUDGEMENT

(1.) This Miscellaneous Petition under Article 227 of the Constitution of India has been filed against the orders dtd. 20/9/2022 and 21/12/2022 passed by 1st Civil Judge, Senior Division, District Betul (M.P.) in RCA No.13/2015 by which the applications filed by the petitioner under Order 1 Rule 10 CPC and Order 26 Rule 9 CPC have been rejected.

(2.) The petitioner has paid two sets of Court fee.

(3.) It is the case of the petitioner that the respondent No.1 has filed a suit for declaration of title and permanent injunction. Undisputedly, the property in dispute was an ancestral property, which was partitioned amongst five sons of Late Ramkishan. It is the case of the plaintiff that the plot in question fell to his share, whereas it is the case of the defendant No.1/petitioner that the said plot fell to his share. Since other brothers have alienated or constructed Suyog Colony on their land, therefore, they are necessary party because they would be in a better position to disclose the factual aspect of the matter. Another application under Order 26 Rule 9 CPC was filed for appointment of a local Commissioner to found out the total area of Suyog Colony as well as to find out that on how much part of the land, houses have been constructed, how many plots are lying vacant, the area on which road, drain, garden have been developed. According to the petitioner this fact can be ascertained only by appointment of a local commissioner.