HASANANAND Vs. VINOD

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India takes exception to the order dtd. 29/11/2022 (Annexure P/6) passed in Civil Suit (RCS No.10/2022) whereby application preferred by the petitioner/plaintiff under Order 16 Rule 1 (3) of the Code of Civil Procedure 1908, (CPC) was dismissed by the Court below.

(2.) Draped in brevity, the admitted facts are that the petitioner/plaintiff instituted a suit for declaration and permanent injunction. It is prayed that the sale deed dtd. 25/03/2019 be declared as null and void. In turn, the respondents/defendants entered appearance.

(3.) During the pendency of the said suit and at the stage matter was pending before the Court below for plaintiff's evidence, the petitioner filed application under Order 16 Rule 1(3) read with Sec. 151 of CPC on 22/11/2022. The defendants filed their reply on 26/11/2022. The petitioner/plaintiff filed his written submission on 28/11/2022.