ASHOK JAGANNATH PRASAD Vs. NARSINGH RAO VASANTRAO PAWAR

JUDGEMENT

(1.) THIS is plaintiffs revision under section 115 of the Civil Procedure code against the order dated 12-9-1983 of the Third Civil Judge, Class-I, Gwalior In C. S. No. 25-A/1977, holding that issues No. 18 (a) and (b), as preliminary issues, require no evidence and can be disposed of without recording any evidence.

(2.) APPLICANT-PLAINTIFF Ashok's father Jagannath Prasad died in 1966. Ashok and defendants (non-applicants) 2,3,4,6,7 and 8 are brothers and defendant non-applicant No. 5 Rama Bai is their mother.

(3.) ASHOK filed the plaint of his suit first time in the Court of First Civil Judge, Class-II, Gwalior on 19-6-1972 against 8 defendants. The plaint was returned for presentation to proper Court and was then presented in the Court of Second Civil judge, Class-I, Gwalior, on 14-2-1975 and was registered as C. S. No. 8-A/75. On 8-7-1977, the suit was transferred to the Court of Third Civil Judge Class-I, Gwalior and was renumbered as C. S. No. 25-A/1977. Plaintiff Ashok has prayed for a declaration that a consent decree for eviction and recovery of house rent passed by the Court of First Civil judge, Class-II, Gwalior in C. S. No. 150-A/1969 in favour of defendant No. 1 on 28-4-1972 does not bind him as one of the defendants in the previous suit and deserves to be set aside, and that defendant No. 1 Narsingh Rao, the decree-holder, be permanently restrained from executing the decree.