SURINDER PAL Vs. MAN SINGH

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India for quashing the order dated 3-11-2004 passed by the Additional District Judge, Kurukshetra whereby an application moved by the plaintiff-petitioners to withdraw the suit with permission to file a fresh suit at appropriate forum, has been declined.

(2.) In order to understand the controversy involved, it is necessary to notice a few facts. The predecessor of the petitioners - Dharam Devi filed a suit for declaration and permanent injunction against the respondents stating that she was in possession of the land in dispute and she has also installed a tube-well in the said land. It was further averred that no rent or batai was ever paid to anyone and the entry in the revenue record as Gair Marausi was illegal and void and respondents Nos. 1 and 2 had no right, title or interest in the suit property though they have been claiming to be proprietors of village Kheri Shish Garan. The ownership by virtue of adverse possession was also claimed by the plaintiff. The suit was filed under Order 1 Rule 8 of the Code of Civil Procedure (for short "the Code") in the representative capacity.

(3.) On the above pleadings, the trial Court framed the following issues :-