NIRMAL SINGH Vs. SHIV KUMAR

JUDGEMENT

(1.) THE petitioners have challenged the order dated 22.09.2014 by which the application filed by the petitioners under Section 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC) has been dismissed.

(2.) IN short, counsel for the respondents has submitted that the petitioners were the tenants over the land in dispute, who allegedly purchased it vide two sale deeds dated 15.03.2001, in respect of 21 kanal 9 marlas and 19 kanal 12 marlas, each belonging to the respondents and got it registered on 12.04.2001. It is alleged that respondents No.1 to 10 filed a Civil Suit No.298/21.08.2004 for seeking a declaration regarding validity of the aforesaid two sale deeds and also for possession after eviction of the petitioners. In that suit, the petitioners filed the written statement dated 18.10.2014 in which they have alleged that they have also filed Civil Suit No.257 dated 28.07.2004 in respect of the sale deed of land measuring 21 kanals 9 marlas and Civil Suit No.258 of 2004 of the same date in respect of land measuring 19 kanal 12 malras. In both the Civil Suits bearing No.257 and 258 of 2004 filed by the petitioners, the declaration has been sought that the plaintiffs therein have become owners of the property in dispute on the basis of two sale deeds dated 15.03.2001 registered on 12.04.2001.

(3.) IT is also submitted that the petitioners had earlier filed an application under Section 10 of the C.P.C. which was dismissed as not pressed on 15.02.2013. It is also alleged that issues in the present suit were framed on 15.02.2013 and an application filed for consolidation of all the suits was dismissed on merits on 4.07.2014. The petitioners also filed an application for amendment of the written statement on 29.04.2013 which was dismissed on 19.07.2013 and thereafter, the present application was filed on 10.01.2014, which has been dismissed on 22.09.2014 and hence the present revision petition.