VERENDER KUMAR Vs. DHANPAT RAM AND ANOTHER

JUDGEMENT

(1.) PLAINTIFF Verender Kumar, by filing this revision petition under Article 227 of the Constitution of India, has assailed order dated 02.05.2013 (Annexure P -4) passed by the trial court, thereby dismissing application (Annexure P -2), filed by the plaintiff for framing of additional issues. The plaintiff has filed suit seeking declaration that the sale deed dated 05.09.2006, allegedly executed by defendant no. 2 in favour of defendant no. 1 regarding part of the disputed house, is void ab -initio. The plaintiff has also sought consequential relief of possession of the said property and also permanent injunction restraining the defendants from further alienating the same.

(2.) THE plaintiff, in application (Annexure P -2), alleged that the plaintiff has pleaded in the plaint that the impugned sale deed is hit by doctrine of lis pendens and that the recitals mentioned in the sale deed are wrong and against true facts, and therefore, additional issues as mentioned in the application are required to be framed, on the aforesaid plea of the plaintiff.

(3.) LEARNED trial court, vide impugned order (Annexure P -4), has dismissed the application (Annexure P -2) filed by the plaintiff, who has therefore filed this revision petition to assail the said order.