BALKISHAN AND ANOTHER Vs. NANNE KHAN AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution challenges the order dated 16.12.2011, whereby application of the plaintiff/respondents preferred under Order 1 Rule 10 CPC is allowed by the court below.

(2.) Shri Sanjay Sharma, learned counsel for the petitioner submits that the said application is erroneously allowed by the court below. He relied on the stand taken in the reply (Annexure P/6). In nutshell, it is argued that the application under Order 1 Rule 10 CPC can be filed till framing of the issues. Thereafter, such application is not entertainable. The plaintiff was aware of the sale deed of 1984. At this belated stage, the said application could not have been entertained.

(3.) Prayer is opposed by Shri Rajmani Bansal. He submits that the said application can be filed at any stage of the proceedings. He supported the order impugned.