LEELA KRISHNA MISHR Vs. BANKE BIHARI

JUDGEMENT

(1.) Both the parties are heard.

(2.) Petitioner has preferred this miscellaneous petition under Article 227 of the Constitution of India being aggrieved by impugned order dtd. 1/3/2024 passed by First Civil Judge, Junior Division, Sabalgarh, District Morena in Civil Suit No.27/2023, by which an application under Order 6 Rule 17 of CPC filed by the petitioner has been rejected.

(3.) Brief facts of the case are that the petitioner/plaintiff has filed a civil suit for declaration in regard to 1/5th share in the suit property. The defendant came with a plea by filing written statement that the partition has already been effected between the parties. Respondents filed an application under Order 6 Rule 17 of CPC by stating that plaintiff has not stated in the plaint specifying the part of the property which were possessed by them and the said I.A. was allowed and subsequently, petitioner/plaintiff filed another I.A. under Order 6 Rule 17 of CPC and after hearing both the parties, same has been dismissed by the Trial Court. Being aggrieved by the aforesaid, petitioner has preferred this miscellaneous petition.