YAAD SINGH Vs. BEER SINGH

JUDGEMENT

(1.) Vide order dated 24.03.2014, passed by the Additional Civil Judge (Senior Division) Ganaur, application under Order VII Rule 11 of the Code of Civil Procedure, moved by the defendant, has since been dismissed.

(2.) Learned trial Court on consideration of the matter in issue, dismissed the application moved by the petitioner-defendant and concluded as thus:

(3.) On a due and thoughtful consideration of the matter in issue, I am of the considered view that the instant petition is wholly devoid of merit and is thus, liable to be dismissed. No doubt, respondent-plaintiff had even earlier filed a suit No.592 of 2007, for injunction against the petitioner-defendant. Concededly, the said suit was predicated upon a cause of action that was alleged to have accrued on 15.10.2007. Whereas, in the present suit instituted on 30.04.2013 i.e. after almost 6 years, the cause of action is alleged to have accrued in the month of March, 2013 and finally on 23.04.2013, when the defendant refused to admit plaintiff to be in possession of suit property and again sought to interfere with his possession.