MAMTA Vs. HEM RAJ KHANNA

JUDGEMENT

(1.) Challenge in the present revision petition is to the order dtd. 11/10/2022 passed by learned Civil Judge (Jr. Divn.), whereby, an application filed by the petitioners under Order 22 Rule 10 read with Sec. 151 CPC, has been dismissed.

(2.) The material facts, as culled out from the paperbook are that, initially, respondents No.1 and 2 (who are plaintiffs before the lower Court) had filed a suit for seeking relief of separate possession of half share through partition by metes and bounds, in respect of shop consisting of two 'khans' bearing No.21, Ward No.XV, as detailed in paragraph 1 of judgment, copy whereof is Annexure P-1.

(3.) As evident from the judgment dtd. 22/5/2018 (Annexure P- 1), the said suit was dismissed. Respondents No.1 and 2 (plaintiff) had filed an appeal. Vide order dtd. 16/12/2021, the judgment and decree dtd. 22/5/2018 was set aside and the case was remanded back to the lower court, with the direction to take additional evidence of the plaintiff, as permitted by the Court and also to afford an opportunity, to the defendant, to rebut the additional evidence and learned lower Court was further directed to record/return its finding on the aspect of partial partition of the suit property and to decide the suit afresh on merits. Copy of the said order is Annexure P-2.