DHARAMVIR SINGH Vs. DALJIT SINGH

JUDGEMENT

(1.) THE contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, initially petitioner -plaintiff -Dharamvir Singh and proforma respondent No.43 -Rajinder Singh sons of Hoshiar Singh(for brevity "the plaintiffs") have instituted the civil suit against the respondents -defendants -Daljit Singh son of Sangara Singh and others(for short "the defendants") for a decree of declaration that the judgment & decree dated 31.10.2003 passed in Civil Suit No.RBT 279 of 1998, titled as Daljit Singh and others Versus Dharamvir Singh, becomes un -executable, void and nullity, with a consequential relief of partition of urban property in dispute. The contesting defendants contested the claim of the plaintiffs, filed the written statement, stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(2.) HAVING completed all the codal formalities, the trial Court dismissed the suit of the plaintiffs vide judgment and decree dated 30.03.2013(Annexure P -2).

(3.) AGGRIEVED thereby, the plaintiffs filed the appeal before the Appellate Court. They have also moved an application for impleading Municipal Committee, Shahabad, as a party to the appeal, under Order 1 Rule 10 read with Section 151 CPC. The contesting defendants refuted the prayer of the plaintiffs, filed the reply and prayed for dismissal of the application.