DAYA NAND Vs. MAHINDER

JUDGEMENT

(1.) THIS civil revision petition is directed against order dated 7.11.2014 (Annexure P -6) passed by the lower court whereby the review application filed by respondent No.1 was allowed.

(2.) IT is claimed that neither the review petition was maintainable nor it could be entertained and allowed. Thus, it is averred that the impugned order is illegal, arbitrary and against the provisions of law.

(3.) TO understand the controversy between the parties, it would be appropriate to take stock of the factual matrix little more closely. Mahinder, plaintiff in the court below and respondent No.1 herein, had filed a suit for declaration to the effect that decree dated 16.10.1987 passed in civil suit No.377/1987 had been procured fraudulently. Relief of permanent injunction was also sought. Kachheru father of respondent No.1 had been impleaded as defendant No.7; he died on 4.4.2002. Daya Nand, contesting defendant in the suit (petitioner herein), had contested the said suit. The defendant, petitioner herein, had made an application under Order VII Rule 11 CPC on 9.2.2010 (Annexure P -1) with a plea that the suit had neither been valued correctly nor was legally maintainable and thus, had prayed for rejection of the plaint. The said application was contested vide reply (Annexure P -2) by the plaintiff, respondent herein.