BAJINDER SINGH Vs. SAT PAL AND OTHERS

JUDGEMENT

(1.) Bajinder Singh-petitioner/defendant has filed this civil revision petition against Sat Pal etc.-respondents under Article 227 of the Constitution of India for setting aside the impugned order dated 14.8.2014 (Annexure-P.3) passed by the learned Additional Civil Judge (Senior Division), Assandh, District Karnal, vide which the application filed by the petitioner under Section 151 C.P.C. for dismissing the suit of the plaintiffs being false and frivolous has been dismissed.

(2.) I have heard learned counsel for the petitioner and have gone through the record.

(3.) From the record, I find that defendants Bajinder Singh and Ram Chander have filed the application under Section 151 C.P.C. seeking dismissal of the suit on the ground of concealment of facts and nonproduction of documents, limitation and the plaintiffs not having availed the remedy available before the revenue authorities. It is stated in the application that the plaintiffs have challenged the mutation regarding partition of the suit property with consent of all the parties. The suit has been filed after about 35 years of entering of mutation and no explanation has been furnished for the said delay despite the fact that Chattar Singh had knowledge about the mutation from the very beginning. The plaintiffs have claimed that Chattar Singh is not owner in possession of rectangle No.19, Killa Nos.18, 19 and 20. It is also stated in the application that on 5.2.2007 i.e. prior to filing of the suit, the plaintiff Chattar Singh, of his own will and consent, by executing an affidavit had exchanged land of rectangle No.19 with Gram Panchayat. It is submitted that the suit of the plaintiffs has also become infructuous.